SATENDRA SINGH GUJAR Vs. BANK OF INDIA

JUDGEMENT

(1.) The petitioner has filed this petition challenging the award dated 1 st May, 1995, Annexure P-l passed by Central Government Industrial Tribunal Cum Labour Court, Jabalpur and also the order dated 16-9-1998. Annexure P-2, by which the Tribunal has rejected the application of the petitioner to set aside the ex parte award dated 1-5-1995.

(2.) The petitioner was engaged as a Watchman at M/s Gwalior Rolling Mill, Maharajpura in March, 1983. His services were terminated in the month of August, 1988. Thereafter, as per the petitioner, he was engaged on 6th June, 1989 by respondent No. 1, Bank. He worked in the bank up to 8-11-1989. Thereafter his services were terminated. The petitioner filed a letter petition before the High Court against the order of termination. The High Court dismissed the petition with liberty to the petitioner to raise an industrial dispute. Thereafter, the petitioner submitted a complaint to the appropriate Government. After failure of conciliation proceedings, the appropriate Government referred the dispute for adjudication before the Labour Court.

(3.) The Labour Court vide impugned award dated J st May, 1995 has held that the petitioner did not appear before the Court nor filed statement of claim, hence, it appears that the petitioner was not interested in pursuing his claim therefore, the Labour Court passed 'no dispute award'. For setting aside the aforesaid award the petitioner filed an application before the Labour Court, which has also been dismissed vide order dated 16-9-1998. The Labour Court has held that the petitioner deliberately did not appear before the Labour Court.