POOJA SECURITY & MANPOWER SERVICES Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-I, GURGAON & ANR

JUDGEMENT

(1.) The workmen has secured an ex parte award granting reinstatement to service with 30% back wages. The Management was proceeded against ex-parte vide order dated February 6, 2009. An ex parte award was made on May 8, 2009. The award was published on 19.05.2009 in compliance of Section 17A of the Industrial Disputes Act, 1947. An application was moved after a lapse of two years praying for setting aside of the ex parte award; this was on March 14, 2011. The period prescribed for applying for setting aside the ex-parte award expired with 30 days passing after the publication of award.

(2.) The sole question arising is whether the management was proceeded ex-parte properly or not or the abstention was for sufficient cause. These aspects have been considered by the Labour Court in paragraphs 3 and 4 of the award which read as hereafter:

(3.) If Ashok Kumar, the authorized representative of the Management appeared in Court and suffered a statement to the effect that the award passed in favour of the workman would be implemented 'very soon' and some time may be given to the management to implement the award and thereafter the award was never implemented after extending the promise in court, then the Management cannot complain of or be heard that they had no knowledge of the reference proceedings which have resulted in an ex-parte award against them since they did not complain and accepted the ex parte award. It is also not the case that Ashok Kumar exceeded his instructions while he made the statement.