SOUTH ASSAM ROADWAYS LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Chakraborty, learned Counsel for the Petitioner. Also heard Mr. S. Sahu, learned Counsel for the Respondent No.2.

(2.) The Petitioner (Management) has put to challenge the impugned ex parte Award, dtd. 31/12/2014 passed by the learned Labour Court, Guwahati in Reference Case No.2/2014 on two grounds. Firstly, on the ground that the learned Labour Court had issued the Order, dtd. 22/7/2014, directing that Reference Case No.2/2014 would proceed ex parte against the Petitioner, without any notice being received by the Petitioner and without there being any returns being stated in the Summons, endorsing the time and manner of service of the alleged notice alleged to be served on the Petitioner, in terms of Order 5, Rule 18, C.P.C. Secondly, on the ground that there is no proof that the Respondent is a Workman employed by the Petitioner, inasmuch as, the Money Receipt, dtd. 4/8/1997, which has been exhibited as Ext.1, is not proof of payment of money to the Respondent No.2 by the Petitioner.

(3.) The Petitioner has also put to challenge the Order, dtd. 30/4/2016 passed by the learned Labour Court, Guwahati in Misc. Case No.1/2015, which was in relation to an Application submitted by the Petitioner for setting aside the ex parte Award, dtd. 31/12/2014 passed in Reference Case No.2/2014.