STATE OF RAJASTHAN Vs. BHIM SINGH

JUDGEMENT

(1.) THE instant writ petition has been filed against the impugned ex-parte award dated 27. 7. 93 (Annex. 3) and the order dated 3. 6. 2000 (Annx. 5), by which the application under rule 22-A of the Rajasthan Industrial Disputes Rules, 1958 (for short, "the Rules, 1958") for recalling the ex-parte award has been rejected.

(2.) THE facts and circumstances giving rise to this case are that the Appropriate Government made a reference, vide order dated 9. 8. 92: whether the removal of the respondent-workman with effect from 1. 6. 89 was in accordance with law and if not, to what relief he was entitled to. THE workman had claimed that he had continuously worked from 4. 4. 88 to 31. 5. 89 and completed 240 days in one calendar year if counted backward from the date of termination; his evidence had be terminated without complying with the provision of Section 25-F of the Industrial Disputes Act, 1947 (for short "the Act" ). THE learned Labour Court recorded the finding that inspite of notice u/sec. 10-B which was received by the present petitioner-employer on 29. 10. 92, they did not appear nor did they file any counter-claim, thus, vide order dated 22. 2. 93, they were proceeded ex-parte and after considering the evidence led by the respondent-workman, the Award dated 27. 7. 93 was passed holding that the workman had worked for more than 240 days in a calendar year counting backward from the date of termination and the same was in flagrant violation of the provisions of Sec. 25-F of the Act. THE relief of continuity of service with full back wages was awarded. THE petitioners filed an application on 20. 4. 95 under rule 22-A of the Rules, 1958 to recall the ex-parte order contending that it came to their knowledge only on 5. 4. 95.