MADAN INDUSTRIES LTD Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) These writ petitions raise common questions of facts and law therefore, they are being disposed of by this common judgment. The Writ Petition No. 5772 of 1980 will be the leading case as learned counsel for the petitioner has argued on the basis of the facts stated in the said writ petition.

(2.) The petitioner aggrieved by an order passed by the Industrial Tribunal, Meerut dated June 16, 1989 whereby the Industrial Tribunal, Meerut allowed the application filed by the workman for setting aside ex pane proceedings as per order dated April 1, 1980 and for restoration of the case. Learned counsel for the petitioner submitted that the Industrial Tribunal has no power to recall the order to proceed ex parte as there is no provision which confers such jurisdiction on the Industrial Tribunal.

(3.) The question regarding power of the Industrial Tribunal/Labour Court in setting aside ex parte order have been dealt with by Apex Court in the case Grindlays Bank Ltd. v. Central Government Industrial Tribunal and others AIR 1981 SC 606 : 1980 Supp SCC 420 1981-I-LLJ-327 paragraphs 6 and 11 of which are relevant.