HARBANS SINGH Vs. INDUSTRIAL TRIBUNALCUMLABOUR COURT AND ANOTHER

JUDGEMENT

(1.) Challenge in this appeal is to judgment and order, dated 12th November, 2010, made by the learned Single Judge/Writ Court in CWP No. 1910 of 2009, titled as Harbans Singh versus Ld. President, H.P. Industrial Tribunalcum Labour Court and another, whereby the writ petition filed by the appellantwrit petitioner came to be dismissed (for short "the impugned judgment").

(2.) The appellantwrit petitioner approached the concerned authority for redressal of his grievance, which culminated into a reference. An exparte award was made by the H.P. Industrial TribunalcumLabour Court, Shimla (for short "the Labour Court") on 13th November, 2006, perhaps without recording evidence as, in terms of para 6 of the award, only the appellantwrit petitioner has stepped into the witness box.

(3.) On noticing the exparte award, respondent No. 2 company filed an application for setting aside the exparte award, which was granted vide order, dated 28 th April, 2009. The Labour Court has specifically mentioned in paras 13 and 14 of order, dated 28th April, 2009, what was the foundation for recalling/setting aside the exparte award and relegating the parties to contest the reference.