GURCHARAN SINGH Vs. P O, LABOUR COURT

JUDGEMENT

(1.) THE challenge in this writ petition is to the order that, dated 16 September 2003, passed by respondent No.1, whereby the ex parte award, dated 16 July 1996 passed in favour of the petitioner has been set aside.

(2.) THE fact necessarily for the disposal of the instant writ petition are that the petitioner -workman, raised an industrial dispute, challenging his termination by way of filing a demand notice on 20 December 1994. The appropriate Government vide notification, dated 30 October 1995, referred the dispute to the Labour Court for adjudication. The Labour Court issued notices to the parties. The petitioner - workman appeared and filed his claim statement. Since there was no representation for and on behalf of the respondent No.2 after due service. He was proceeded ex parte on 26 March 1996. Similarly, the notice sent through registered post to respondent No.3 was not received back despite lapse of one month, presuming him as deemed to be served, he was also proceeded ex parte on 28 May 1996 by the Labour Court. The ex parte evidence was led by the petitioner workman. On conclusion of proceedings, the Labour Court vide award, dated 16 July 1996, answered the reference in a favour of the workman and ordered his reinstatement with continuity of service and full back -wages. The said award was published in the Official Gazette on 18 October 1996.

(3.) IT appears that thereafter the petitioner workman approached the Labour -cum - Conciliation Officer, Gurdaspur for implementation of the said award, dated 16 July 1996. The notice was issued to the respondents department in the month of March 1997 and in response thereto they appeared before the Labour - cum -Conciliation Officer, Gurdaspur. Thereafter, on 16 September 1997 the respondents department filed an application before the Labour Court for setting aside the exparte award, dated 16 July 1996. Mainly it was their case that the. summons were sent on the wrong addresses, as such, service thereof was never affected upon them. It was also pleaded that they filed a Civil Writ Petition No.5265 of 1997, which was later on withdrawn and after taking sanction from the Government, they filed the application for setting aside of award, dated 16 July 1996. That application was contested by the petitioner - workman by filing a reply thereto. His stand was that the department was fully aware of the proceedings pending before the Labour Court and they deliberately skipped therefrom. The application is time barred. Upon the pleadings, the Labour Court framed the issues. Both the parties led their respective evidence. On conclusion of proceedings, the Labour Court vide the impugned order, dated 16 September 2003, set aside the ex parte award, dated 16 July 1996, subject to payment of costs of Rs.6000.