NARESH KUMARI Vs. THE PRESIDING OFFICER AND ORS.

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 of the Constitution of India seeking a writ in the nature of certiorari challenging the order dated 21.12.2015 (Annexure P-7), whereby, application moved by respondents No.2 to 4 for setting aside the ex parte award dated 01.04.2014, was allowed.

(2.) Learned counsel for the petitioner has submitted that respondents No.2 to 4 had not been diligent in pursuing their case. In fact, respondents No.2 to 4 were earlier proceeded ex parte vide order dated 19.07.2011 and the said order was set aside on an application moved by respondents No.2 to 4. Thereafter, respondents No.2 to 4 had again failed to appear before the Tribunal on 23.10.2012. The Tribunal has erred in allowing the application moved by respondents No.2 to 4 for setting aside ex parte award in favour of the petitioner vide the impugned order.

(3.) Petitioner had raised an industrial dispute challenging his termination by serving a demand notice. The appropriate Government referred the dispute for adjudication to the Industrial Tribunal, Patiala. Petitioner submitted its statement of claim before the Tribunal and the management filed its written statement. Issues were framed on the pleadings of the parties. However, none appeared on behalf of the respondents-management on 19.07.2011 and it was proceeded ex parte. The said order was set aside on an application moved by the Management. Thereafter, Management again failed to appear before the tribunal on 23.10.2012 and was proceeded ex parte. On the basis of the evidence led by the petitioner, the Tribunal answered the reference in favour of the petitioner vide award dated 01.04.2014. Petitioner was ordered to be reinstated in service but without back-wages. Thereafter, respondents No.2 to 4 moved an application Annexure P-5 for setting aside the ex parte award dated 01.04.2014 (Annexure P-4). Notice of the application was issued.