LAWS(BOM)-2005-8-64

KIRAN MACHINE TOOLS Vs. D D HINGE

Decided On August 18, 2005
KIRAN MACHINE TOOLS Appellant
V/S
D.D.HINGE Respondents

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 14th May, 1996 passed by the learned Presiding Officer of IInd Labour Court at pune in Miscellaneous Application (IDA) No. 52 of 1995. The said application was submitted for setting aside the ex parte award dated 12th July, 1995 passed in Reference (IDA) No. 476/94 and it came to be dismissed by the Labour Court.

(2.) The petitioner is a proprietary concern and the respondent was its workman whose services were terminated purportedly on 25th February, 1994. Therefore, he had made a demand for reinstatement in service with backwages and consequential benefits. In spite of the service of notice in the same reference, the petitioner did not cause its appearance before the Labour Court and oppose the reference. The workman therefore filed an affidavit by way of his evidence and adopted the contentions raised in the statement of claim on the basis of which the learned Presiding Officer proceeded to pass the ex parte award directing reinstatement of the workman with full backwages from the date of termination. Though the application for restoration was filed on 20th November, 1995, an application for condonation of delay was filed for the first time on 8th April, 1996. The learned Presiding Officer held that the applicant could not make out a case of sufficient cause to entertain the application filed beyond 30 days and dismissed the application by the impugned order.

(3.) Rule 26 (1) of the Industrial Disputes (Bombay) Rules, 1957 states that if without sufficient cause being shown, any party to a proceeding before the labour Court fails to attend, it may proceed ex parte and sub-rule (2) thereunder reads as under :-"where any award, order or decision is made ex parte under sub-rule (1) , the aggrieved party may within thirty days of the receipt of a copy thereof, make an application to the Board, Court, Labour Court, Tribunal or an Arbitrator, as the case may be to set aside such award, order of decision. If the Board, Labour Court, Tribunal or Arbitrator is satisfied that there was sufficient cause for non-appearance of the aggrieved party, it or he may set aside the award, order or decision so made and shall appoint a date for proceeding with the matter. Providing that, no award, order or decision shall be set aside on any application as aforesaid notice thereof has been served on the opposite party. "