Management of Mahatma Gandhi Hydro Electric Works, V.V.N.L., Jog vs Workmen of Executive Engineer (Electrical), Mahatma Gandhi Hydro Electric Works, Jog, V.V.N.L.

Hon''ble Mr Justice Ram Mohan Reddy

The Management of Mahatma Gandhi Hydro Electric Works aggrieved by the award dated 04th May 2010 in Ref. No. 86/3006 of the First Additional Labour Court, Bangalore, having placed it exparte, has presented this petition.

The only submission of the learned counsel for the petitioner is that after the proceeding was remanded to the First Additional Labour Court by order dated 16th July 2009 in W.P. No. 2729/2009 setting aside the earlier award passed exparte since the Respondent Trade Union was absent, the Labour Court did not issue fresh notice nor served a notice on the petitioner at its Registered Office, at Bangalore, and therefore the petitioner was unable to appear before the Labour Court and prosecute the proceeding.

Learned counsel for the Respondent Trade Union submits that though an application was filed for amendment of the causetitle to show the name of the petitioner and its correct address to which the notice was addressed by the Labour Court, the petitioner cannot plead ignorance of the proceeding. However it is submitted that though the order-sheet maintained by the Labour Court discloses service of notice, nevertheless a copy of it is not forthcoming.

Learned counsel submits that, if the exparte award is to be quashed and proceedings remitted, the same be subject to exemplary cost payable by the petitioner.

Having regard to the dispute relating to absorption / regularization of 49 workmen engaged as casual labour, ends of justice would be met by extending an opportunity to the petitioner to putforth its say in the proceeding before the Labour Court by quashing the award, subject to payment of exemplary costs.

In the result, this petition is allowed. The award impugned is quashed and the proceeding remitted for consideration afresh after extending reasonable opportunity of hearing to the parties, including filing of additional counter statement, if any, and recording evidence both oral and documentary and pass an award strictly in accordance with law.

Parties since represented by the learned counsel are directed to be present before the First Additional Labour Court on 29.12.2011 without further notice. Petitioner to pay Rs. 15,000/- to the Respondent Trade Union as coats. The First Additional Labour Court is requested to conclude the proceeding at the earliest, provided the parties co-operate.