OMI LAL SAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed for issuance of a writ of mandamus to the respondents to give effect to the award passed in favour of the petitioner on 25. 10. 1997 specifying the nature of reliefs. The respondents inspite of this award have failed to give effect to the award passed in favour of the petitioner although their application for setting aside the ex-parte award has been rejected up to the Division Bench.

(2.) THE counsel for the respondents Mr. Sharma overlooking the fact regarding dismissal of the writ petition and appeal against the impugned award before the Single Bench as also up to the Division Bench respectively, has sought to assail the award on its merit. but it hardly needs to be emphasized that if the award-although ex-parte in nature, has not been set aside, up to the Division Bench of the High Court, the same cannot be permitted to be challenged on merit at the instance of the respondents when the beneficiary moves the court for its implementation. THE respondents under the circumstance cannot be permitted to assail the award on merit for if they had any grievance against the award, they ought to have challenged the same on merit only after succeeding in getting the ex-parte award set aside by the appropriate Court. That having not been done, it is not legally permissible for this Court to permit the respondents to assail the award on merit.