STATE OF M.P. Vs. GIRISH KUMAR SHRIVASTAVA

JUDGEMENT

(1.) THE only grievance made by the State of Madhya Pradesh in this petition is that as the State was not properly served, the ex -parte award given by the Labour Court be quashed. According to it there was no service on the principal employer. Shelter is taken behind the principle contained in Order 29 Rule 1 of the Code of Civil Procedure. According to the learned counsel appearing for the State as in the case of a corporate body, it is essential to serve the principal officer, the same method should have been adopted in the present case. Either the concerned Secretary in the relevant department or the Collector of the district should have been served.

(2.) THE proceedings in this case were taken by respondent No. 1. According to this respondent, the relationship of master and servant was wrongly brought to an end. An ex -parte award was given on 28th April, 1992. When the petitioner came to know about it, an application under Order 9 Rule 9 was moved. The Labour Court rejected the application and refused to set -aside the ex -parte award. This Order was passed on 17th April, 1995. Copy of this is Annexure P -8. Both Annexure P -8 and original award, ex -parte award P -6 are being impugned in the present petition.