SECRETARY KRISHI UPAJ MANDI SAMITI Vs. PRESIDING OFFICER

JUDGEMENT

(1.) PETITIONER is aggrieved by an order dated August 28, 1999, passed by Labour Court, Ujjain, whereby it has dismissed petitioner's application filed for setting aside of the ex parte award passed against the petitioner by the said Authority, on January 5, 1991. Petitioner contended that no fresh notice of the hearing fixed before Labour Court for October 6, 1990 was issued to the petitioner. Thus it could not have appeared on October 6, 1990.

(2.) IT is not in dispute that when the reference was made to the Labour Court under the Industrial Disputes Act, petitioner was noticed and it had also put in appearance for the first time on May 2, 1990. But a fresh notice was directed to be issued to the petitioner vide order sheet of the Labour Court dated September 3, 1990. In view of these averments being made, this Court was pleased to requisition the records of the Labour Court of the industrial dispute case as well as that of the M. J. C. No. 2/91. The Labour Court rejected petitioner's application basically on two grounds- (1) that the petitioner already had a notice for the dates of hearing before the Labour Court (2) that the petitioner's application was barred by limitation.

(3.) SINCE the contention of the petitioner throughout had been that no notice was ever received by the petitioner, this Court was pleased to issue show-cause notice to the respondents. Respondent No. 2 the employee has submitted his reply. In the reply it has been denied by the said respondent that petitioner did not have any notice of the hearing. It has been contended that after the order dated September 3, 1990 was passed, petitioner was issued fresh notice which was duly served on it but still it preferred to remain absent. It has further been contended that petitioner has been callous and negligent in prosecuting the matter before the Labour Court, which resulted in passing of legal and valid Award in favour of respondent- employee. Lastly it was contended that the matter being, one under Article 227 of the Constitution, does not call for any interference as no perversity can be found in the order passed by the Labour Court.