BHOOTEACHANG TEA ESTATE Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The Government of Assam by notification dated 21.11.1992 referred the following two questions to the learned Labour Court, Assam at Guwahati for adjudication :

(2.) The management after being served with a copy of the exparte Award, filed an application before the Labour Court, for setting aside the said exparte Award dated 15.11.1993 and on the basis of the said application Misc Case. No 1 /94 way registered by the learned Labour Court. In the aforesaid Misc Case, the Manager of the Tea Estate examined himself. The learned Labour Court by order dated 22.6.1994 after holding that the materials on record did not show that the management was prevented by sufficient cause for not appearing in the Reference Case, refused to set aside the exparte Award dated 15.11.1993. Aggrieved, the management of the Bhooteachang T. E. has instituted the present writ proceeding.

(3.) Mr. S. N. Sarma, learned Senior Counsel for the petitioner assisted by Mr. H. Sarma, learned counsel and Mr. A. Dasgupta, learned counsel for the respondent- workmen, have been duly heard.