President, Bhilwara-Shahpura Devli Bus Association vs Durga Singh Shekhawat and Others

Hon''ble Dr. Justice Vineet Kothari

Heard learned counsels.

By this writ petition, the employer has challenged the ex-parte award dated 10/9/2001 passed by the Labour Court, Bhilwara while deciding Industrial Dispute case no. 28/99 Durga Singh Shekhawat vs. President, Bhilwara, Shahpura, Devli Bus Association, Bhilwara.

Learned counsel for the petitioner, Mr. R.K.Rathi, submitted that the summons of Tribunal were not even properly served on the petitioner Association and on the copy of postal AD receipt produced as Annex.R/2 by the respondent, the signature of the alleged receiver of the summon are not even decipherable and in fact summons were actually never served on the petitioner employer and the ex-parte award deserves to be set aside. He further submitted that the petitioner Association is not even an industry and, therefore, the provisions of Industrial Disputes Act, 1947 could not be invoked against it. Learned counsel for the petitioner submitted that the petitioner came to know of the said ex-parte award only when the Bank Account was seized by the Oriental Bank of Commerce on 23/3/2010 (Annex.P/7). He, therefore, prayed for setting aside the exparte award.

On the other hand, learned counsel for the respondent workman, Mr. Arjun Singh, relying upon Section 22A of the Rajasthan Industrial Disputes Rules, 1958 and following judgments submitted that the petitioner-employer could have taken appropriate proceedings for setting aside the ex-parte award within 15 days of the said award and having not done that and award having been published by the State Government, the same cannot be said aside now.

(1) Sarpanach, Gram Panchayat Sardargarh & anr. vs. Judge, Labour Court & anr. - 2003 (3) WLC 794

(2) State of Rajasthan vs. Panna Ram & anr. - 1999 (1) WLC (Raj.) 533

(3) Mining Department, Mines & Geology Deptt. Govt. Raj. Jodhpur vs. State of Raj. & Ors. - 2005 (2) WLC (Raj.) 379

Having heard the learned counsels, this Court is of the opinion that despite the foundation of treating the summon having been served, it is not decipherable as to upon whom the said notice was served nor there is any detailed report of any authority of the Postal Department as to upon whom the said notices were served. There may be several contentions and objections to be raised by the petitioneremployer before the Industrial Tribunal, which may be necessary for proper adjudication of the industrial dispute between the parties. Accordingly, this Court is satisfied that the ex-parte award in the present case deserves to be set aside.

Consequently, the present writ petition is allowed. The ex-parte award dated 10/9/2001 is set aside and parties are relegated to the Industrial Tribunal, Bhilwara to appear, in the first instance, on 20/12/2011 and after giving an opportunity of leading evidence and filing written statement to the petitioner employer, the said Industrial Tribunal shall proceed further in the matter. No fresh summons are required to be issued in the present case by the learned Tribunal & the learned Tribunal is expected to decide the proceedings afresh within six months from today.