GANASHERE GRAM SEWA SAHAKARI Vs. JUDGE LABOUR

JUDGEMENT

(1.) BY a notification dated 1.11.1993 the dispute in regard to the termination of services of respondent No. 2 (the concerned workman) was referred to the Labour Court,. Jaipur. After filing of statement of claim by the concerned workman, a written statement was submitted on behalf of the petitioner before the Labour Court. Subsequently, the case was transferred from Labour Court, Jaipur to Labour Court/Industrial Tribunal, Ajmer in January, 1996.

(2.) AFTER issuing a fresh notice, the case was fixed for evidence of the concerned workman. The statements of the concerned workman were recorded on 31.5.1996. Since none was present on behalf of the petitioner, after recording the statements of the concerned workman, an ex -parte award was passed by the Labour Court on the same date i.e. 31.5.1996, holding the termination of services as illegal and unjustified and further directing reinstatement of the concerned workman with all consequential benefits including back wages.

(3.) AFTER hearing counsel for the parties and perusing the material on record as also the orders impugned, in my opinion, the Labour Court was not justified in rejecting the application filed by the petitioner for setting aside the ex -parte award, since the application had been filed within six days of the passing of the impugned award.