RAJYASHREE BHARTIA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the order dated 17.9.2009 (Annexure P/8) passed by the Industrial Tribunal -cum -Labour Court, Faridabad whereby on an application under Section 33 -C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") filed by respondent no.4 -workman, it was held that the workman was entitled to a sum of Rs. 1,05,000/ - along with interest at the rate of 6% from the date of award i.e.10.6.1999 (Annexure P/4) till final payment.

(2.) THE plea taken was that the said order was contrary to the arbitration award dated 3.10.1983 (Annexure P/2) whereby responsibilities of the payment have been shifted to the Lohia Group and thus, respondents No.2,3 and 5 were responsible for the said dues.

(3.) IN the application filed by the petitioner for setting aside exparte proceedings the plea taken was that the group of companies consisting of East India Cotton Manufacturing Co. along with 9 Units attached to it were jointly owned and operated by H.P.Lohia, N.P.Garodia, H.C.Garodia, B.K.Garodia and O.P.Bhartia and respective family members. Due to differences interse the families the matter was referred to the Arbitration and an award dated 3.10.1983 came to be passed whereby control was given to Lohia Group. The award was made rule of Court on 21.9.1984. Thus, the dispute was between the workman and the Lohia Group and the petitioner had retired much earlier in the year 1983. She was never a party to the dispute, nor had been summoned when the award was passed on 10.6.1999 and she had been made party with malafide intention in connivance with the Lohia Group along with respondent no.4 -workman. The computation order dated 15.12.2000 was not binding upon her. The application was allowed vide order dated 3.8.2001 and the orders dated 23.3.2000 and 15.12.2000 were set aside. Resultantly, reply was filed in the application under Section 33 -C(2) of the Act on the same set of pleadings as notice above.