UNION OF INDIA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal has been preferred by the Union of India challenging the judgment of the learned Single Judge dated 13/8/2003 whereby their writ petition was dismissed. In the writ petition, appellants-Union of India had challenged the ex-parte award passed by the Industrial Tribunal Jaipur dated 22/5/1995 and the order dated 13/11/1998. The learned Single Judge while dismissing the writ petition directed the appellants to reinstate the respondentworkman within 30 days from the date of the receipt of the judgment and make payment of arrears including the cost of Rs.20,000/-.

(3.) After passing of the ex-parte award, an application was filed by the appellants before the Industrial Tribunal on the basis of compromise arrived at between the parties on 6/5/1997 wherein, appellants undertook to reinstate the respondentworkman within 30 days subject to final award that may be passed by the Tribunal. Accordingly, learned Industrial Tribunal vide its order dated 6/5/1997 recalled the ex-parte award. When the appellants did not reinstate the respondent-workman, he filed an application before the Tribunal on 6/11/1997 contending therein that in view of failure of the appellants to abide by the terms of compromise, award as passed by the Tribunal on 22/5/1995 be treated as final and the proceedings be dropped. Learned Tribunal allowed the application and passed the order accordingly on 13/11/1998.