Amar Cold Storage and Others vs Presiding Officer, Labour Court and Others

Ashok Bhan, J.—An exparte award dated 11.3.1993, Annexure P-5, was made by the Labour Court against the management-petitioner (hereinafter referred to as ''the petitioner''). Petitioner filed an application for setting aside the ex-parte award on the ground that their Advocate Shri Ravi Nanda expired in October, 1992, and his office did not inform the petitioner about the adjourned dates of hearing. This application was dismissed by the Labour Court on 20.1.1994. Annexure P-5 as well as the order of dismissal of the application for setting aside the ex-parte order, Annexure P-7.

After hearing the counsel for the parties, we are satisfied that there was sufficient cause for setting aside the ex-parte award. Shri Ravi Nanda, died in October, 1972, and thereafter, the petitioner was proceeded ex-parte and ultimately the award was made on 11.3.1993. The averment of the management that the office of Shri Ravi Nanda did not inform the petitioner about the dates being fixed under the circumstances of the present case, would be sufficient cause for setting aside the ex-parte award and thereafter the order of dismissing the application for setting aside the ex-parte award.

Ex-parte award, Annexure P-5 and the order dismissing the application for setting aside the ex-parte award, Annexure P-7 are, therefore, set aside. The award is set aside subject to payment of Rs. 5,000/- as costs to the workman for incurring the costs of defending the proceedings in this Court as well as before the Labour Court. The costs of Rs. 5,000/- be tendered to the workman-respondent before the Labour Court on the next date of hearing. Parties, through their counsel are directed to appear before the Labour Court on 7.2.1995. Since, this matter is pending before the Labour Court since 1986, the Labour Court is directed to finalise the proceedings in the reference within four months from the date fixed for appearance.