CHAIRMAN, NAGAR PALIKA Vs. LABOUR COURT, BHARATPUR

JUDGEMENT

(1.) By way of the instant petition, a challenge is made to the order impugned dtd. 26/5/2006, passed by the learned Labour Court in L.C.R. (Misc.) No. 46/2003 titled as Nagar Palika, Bayana vs. Udai Bhan, whereby the application preferred by the petitioner for setting aside the ex-parte award dtd. 12/2/1998, was dismissed.

(2.) The ineluctable and concise factual matrix, necessary for the adjudication of the instant petition, is noted herein-under:-

(3.) It is submitted by learned counsel for the petitionerDepartment that the order impugned is neither sustainable in law, nor in the facts of the instant case. In this regard, it is averred that after receipt of the notices of the reference made by the learned Labour Court, the petitioner-Department immediately appointed Sh. Mohan Sharma as their counsel before the learned court below to plead their case. However, unfortunately, pursuant to the filing of his vakalatnama, the counsel so appointed could not appear before the learned Labour Court. Therefore, taking note of the continued absence, an ex-parte award was passed by the learned Labour Court. In order to draw a case for setting aside the ex-parte award, it was conclusively argued that as per the principles of natural justice, the litigating party cannot suffer for the negligence of his counsel or representative.