KEWAL KRISHAN KARTA Vs. LABOUR COURT/INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THIS writ petition by filed is the petitioner challenging the orders passed by Labour Court/industrial Tribunal, Jammu & Kashmir on March 18, 1980, which was announced on May 8, 1980 giving an award under section 33 -C (2) of the Industrial Disputes Act, 1947 (hereinafter called the Act) in favour of respondent No: 2 and also the order passed by respondent No: 1 and announced on Aug. 24, 1983 notified in the Gazette dated October 6, 1983 rejecting the application of the petitioner to set aside the exparte award.

(2.) FACTS in brief are that husband of respondent No: 2 Sh. Amar Nath Handa was an employee of the petitioner from 1951 till his services were terminated in 1967. The termination order was issued on November 1, 1967 and the employee later on died on May 21, 1968. Respondent No: 2 being his heir and legal representative moved the Government for making a reference to the Industrial court under the provisions of the Act. The Government in its turn by virtue of Notification SRO 541 dated Sept. 27,1969 made a reference to the Tribunal for adjudication of the following points: - a) "to go into the claim of late Shri Amar Nath Handa represented by his widow Smt. Laxmi Devi in regard to : - i) disbursement of unpaid wages of 8th November, 1967 at Rs. 233/ - per month, and ii) determine or otherwise of the claim of the late Sh. Amar Nath Handa." Learned Industrial Tribunal by its order dated October 31; 1969 announced on December 14, 1979 rejected the reference holding that Labour Court has no jurisdiction to take up the present reference as it is, found that the workman is dead & cannot be represented by his heirs, successors or legal representatives.

(3.) AFTER the announcement of the rejection of the reference, respondent No; 2 made an application before respondent No; 1 against the petitioner under section 33 -C (2) of the Act claiming therein arrears of pay of her late husband from August 1966 till November 8, 1967, retrenchment compensation from 1951 to 1967, notice pay & gratuity, the grand total of which comes to Rs. 7,514.25 paisa & also prayed for the payment of bonus. The learned Tribunal after notice to the present petitioner rejected the claim of respondent No; 2 in so far as it related to the payment of Bonus, however, under the exparte announced on May 8, 1980 directed the payment on different heads towards the arrears of pay, retrenchment compensation, notice pay & gratuity totaling to Rs. 7, 514.25 paisa, petitioner being aggrieved against the said exparte award made an application before the learned Tribunal for setting aside the exparte award, which was dismissed by the learned Tribunal for the reasons stated in the order impugned announced on August 24, 1983.