LAWS(P&H)-2016-4-78

MUNICIPAL PARISHAD NOW MUNICIPAL COMMITTEE,PALWAL Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT-III, FARIDABAD

Decided On April 04, 2016
Municipal Parishad Now Municipal Committee,Palwal Appellant
V/S
Presiding Officer, Industrial Tribunal -Cum -Labour Court -Iii, Faridabad Respondents

JUDGEMENT

(1.) CM No.1083 -LPA of 2016 Marginal delay of 20 days is condoned. C.M.stands allowed.

(2.) LPA No.498 of 2016 This appeal is directed against the judgment of learned Single Judge dated 11.2.2016 where the writ petitioner (present appellant) had questioned the ex -parte award of the Industrial Tribunal granting relief of reinstatement to the workman who had worked with them from January 1996 to 16.11.2009 when her services were abruptly terminated. She had claimed a reference soon thereafter.

(3.) Learned counsel for the appellant contends that she was never their employee and rather was working under a contractor. We find that even though notice was issued to the appellant, they chose not to appear resulting in an ex -parte order dated 2.11.2010 which was also never assailed, eventually resulting in an ex -parte award on 1.9.2015.