STATE OF PUNJAB AND ANR Vs. BHOLA SINGH

JUDGEMENT

(1.) Petitioner-department inducted respondent No. 1 - workman on the post of Beldar with effect from 1.4.1985 and worked as such till 29.12.1989. His services were terminated on 30.12.1989. Feeling aggrieved with his termination, the workman served a demand notice upon the department seeking reinstatement with continuity of service and back wages. On failure of the reconciliation proceedings, the appropriate Government referred the dispute to the Labour Court for adjudication.' The workman filed his claim statement before the Labour Court taking the plea that his services have been terminated illegally on 30.12.1989 without service of any notice or payment of any compensation. Upon notice of the claim statement, the department did not put in appearance and accordingly, was proceeded against exparte. On production of exparte evidence by the respondent-workman, the Labour Court vide exparte award dated 3.4.2001 (Annexure P-3) held his termination to be arbitrary without compliance of Section 25F of the Industrial Disputes Act, 1947 (in short, the Act). Accordingly, it awarded reinstatement with continuity of service and full back-wages to the workman.

(2.) Thereafter, the department moved an application on 30.10.2001 seeking setting aside of afore-stated ex-parte award on the ground that they had no knowledge about the pendency of the afore-stated reference in the Labour Court and due to this, they did not put in appearance. However, the learned Labour Court vide order dated 30.5.2005 (Annexure P-4) dismissed the said application holding that the Court had become functus officio.

(3.) Now through the petition filed under Articles 226/227 of the Constitution of India, the petitioner-department has sought quashing of exparte award dated 3.4.2001 (Annexure P/3) and order dated 30.5.2005 (Annexure P-4) dismissing the application filed for setting aside ex-parte award.