KESAR SINGH Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THIS Letters Patent Appeal filed by the workmen under Clause X of the Letters Patent is directed against judgment dated 28.11.2011 passed by learned Single Judge of this Court in C.W.P. No.10334 of 1988 vide which their writ petition challenging impugned orders Annexures P -1 and P -5 has been dismissed.

(2.) BEFORE adverting to rival claims of the parties, it would be appropriate to refer to undisputed facts. The appellants and proforma respondents along with few others were serving the respondent -company. Their services were terminated. As their request for reinstatement did not evoke any response from the management, a reference was sought and eventually made at the behest of the employees' union under Section 10 of the Industrial Disputes Act, 1947 (hereinafter, to be referred as the Act) to the Industrial Tribunal, Patiala for adjudication. Notices sent to the General Secretary of the Chemical Workers Union (Dera Bassi) District Patiala remained unserved. On 22.08.1984, when no one appeared on behalf of the workmen or inividual before the Tribunal, the reference was dismissed for "non -prosecution".

(3.) THE workmen filed a rejoinder claiming that they had neither been served personally nor through their respresentatives, i.e., the employees' union nor had they any knowledge of pendency of the reference before the Tribunal. It was averred that they had no information about rendering of the impugned Award by the Tribunal and thus the application for setting aside the ex -parte Award, was not time barred.