HARSHA NITIN VORA Vs. NIGAMS GOODHEALTH PVT LTD

JUDGEMENT

(1.) The Petitioner-complainant has challenged the impugned order dated 6th October, 2009 whereby the Industrial Court, Mumbai, after hearing both the parties has set aside the order dated 3-1-2009; whereby the respondent's application for setting aside the ex parte order and for restoration of the complaint was allowed and the complaint is restored and the Industrial Court has also directed to deposit a sum of Rs.3,00,000/- in the said proceeding before Labour Court.

(2.) The submission that under section 44 of the MRTU & PULP ACT, 1971, the Revisional Court ought not to have interfered with the findings of facts recorded by Labour Court after assessing the material as well as evidence placed on record as there was no perversity in the order so passed. In the interest of justice the Industrial Court, though has limited jurisdiction and power still empowered to consider the merits of the matter based upon the same material available on record, basically when the impugned order was ex parte, yet can interfere with such order.

(3.) If case is made out and if sufficient material is also placed on record, the Revisional Court has also power and authority to consider and reappreciate the evidence when there is undisputed position on record that the award as passed was ex parte. The respondent as well as, the advocate for the management were absent. The basic requirement of giving opportunity to all the parties and the principles of natural justice cannot be overlooked in situation like this.