AMAR COLD STORAGE Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) AN exparte award dated 11.3.1993, Annexure P -5, was made by the Labour Court against the management -petitioner (hereinafter referred to as 'the petitioner'). Petitioner filed an application for setting aside the ex -parte award on the ground that their Advocate Shri Ravi Nanda expired in October, 1992, and his office did not inform the petitioner about the adjourned dates of hearing. This application was dismissed by the Labour Court on 20.1.1994. Annexure P -5 as well as the order of dismissal of the application for setting aside the ex -parte order, Annexure P -7.

(2.) AFTER hearing the counsel for the parties, we are satisfied that there was sufficient cause for setting aside the ex -parte award. Shri Ravi Nanda, died in October, 1972, and thereafter, the petitioner was proceeded ex -parte and ultimately the award was made on 11.3.1993. The averment of the management that the office of Shri Ravi Nanda did not inform the petitioner about the dates being fixed under the circumstances of the present case, would be sufficient cause for setting aside the ex -parte award and thereafter the order of dismissing the application for setting aside the ex -parte award.