GURMEET SINGH Vs. MANAGING DIRECTOR, PUNJAB TRACTORS LTD.

JUDGEMENT

(1.) BY this writ petition, the workman is challenging the ex -parte award passed by the Labour Court against him on 21.5.1985. Copy of the award is at Annexure P/1. The Labour Court held that from the ex -parte evidence of the management it stood proved that the workman was employed with the respondent as a Mechanic and services were terminated after holding a fair and proper enquiry and as such the order of termination was justified and therefore, the petitioner was not entitled to the relief and the reference was disposed of accordingly.

(2.) THE case of the petitioner is that the issues were framed on 12.11.1984 and the case was adjourned to 11.12.1984. Copy of the zimni order has been reproduced in para No. 5 of the petition. By the zimni order dated 11.12.1984, as reproduced in the writ petition, the petitioner was present in person and Mr. V.K. Gupta was present for the respondent -Management and the evidence of the respondent was not present and the matter was adjourned to 15.4.1985. The order dated 11.12.1984 was passed by the Presiding Officer who was camping at Rajpura.

(3.) COUNSEL for the respondent has vehemently argued that ex -parte award cannot be set -aside by this Court in writ jurisdiction. According to him, the petitioner has failed to give an application for setting aside the ex -parte award and hence this writ petition is not maintainable. He has relied on the judgment of the Supreme Court in the case of Satnam Verma v. Union of India, reported as : AIR 1985 S.C. 294. In that case, it has been held by the Supreme Court that when ex -parte award is made and published in the official Gazette, the Labour Court has the jurisdiction to entertain an application for setting it aside if sufficient cause is shown. In the said case, the ex -parte award was made on 23.3.1982 and the petitioner moved an application for setting -aside the ex -parte award on 26.2.1982 i.e. even within one month of passing of the award, before the Labour Court.