STATE OF PUNJAB Vs. KARAM SINGH

JUDGEMENT

(1.) The challenge here is to the ex parte award of the Labour Court, Jalandhar, holding that the termination of the services of the workman was illegal and directing his reinstatement with full back wages.

(2.) According to the averments made in the petition, which stand unrebutted, April 20, 1982 was the first date of hearing in this reference. Mr. Harish Mahajan, S. Divisional Engineer, who was the authorised representative on behalf of the opposite party reached the Court at 10.15 a.m. but an order had already been passed by the Court that ex parte proceedings be taken against the present petitioner. On the same day, an application was filed by Mr. Harish Mahajan for setting aside the ex parte order. The case was then adjourned to July 7, 1982. No Court was held on that day and the next date was accordingly fixed as September 29, 1982 and then again to October 26, 1982 as the Presiding Officer was away on tour on September 29, 1982.

(3.) When the matter was taken up for hearing on October, 26, 1982, the departmental representative again requested the setting aside of the ex parte order passed on April 20, 1982. The matter was then adjourned to December 23, 1982. No Court was, however, held on that day and the case was then reported to have been adjourned to January 19, 1983. Later, when the departmental representative went to court on January 19, 1983, it was discovered that the case had already been taken up on November 18, 1982 and the case of the present petitioner had been closed on that day. It is thereafter that on April 26, 1983 the impugned award was made by the Labour Court, Jalandhar.