MAHARANA PRATAP UNIVERSITY OF AGRICULTURE AND TECHNOLOGY Vs. JUDGE, INDUSTRIAL TRIBUNAL AND LABOUR COURT AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) BY this writ petition, the petitioner has challenged the ex parte award dt. 15.02.2004 and the order dt. 18.04.2006, whereby application filed by the petitioner for setting aside the ex parte award was rejected.

(3.) WHEN the notice of the claim petition was received by the petitioner - University, it authorised the Registrar of the Rajasthan Agriculture University, Bikaner to also contest the case on their behalf and a communication dt. 20.06.2000 to this effect was written to him by Deputy Secretary of the Government. A copy of the communication dt. 20.06.2000 has been placed on record which states that under Section 46 of the Agriculture University, Udaipur Act, 2000, all suits or proceedings against the new University shall be defended by the old University. Cases already pending in different Courts were not instituted against petitioner -University and naturally those cases cannot be defended by that University. It appears that the Rajasthan Agricultre University, Bikaner was duly represented before the Labout Court through its Advocate but no such instructions were pleaded by their Counsel before the Labout Court when the ex -parte award was passed on 15.02.2004. Thus, the matter was decided ex -parte against the petitioner as it could not defend itself.