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Judgment
Venugopala Gowda, J. - Petitioner was a driver in the respondent-Corporation. He was dismissed from service by the respondent vide order dated 31.1.2013. A claim statement was filed under section 10(4-A) of the Industrial Disputes Act, 1947 before the II Addl. Labour Court, Bengaluru assailing the said order. Notice having been issued, case was taken up on 30.9.2013. Party-Management, In spite of opportunity granted having not filed counter and the workman having not adduced evidence, Labour Court has rejected the claim by an Award dated 2.1.2014 as at Annexure-A. Assailing the Award, this writ petition was filed.
Heard learned advocates and perused the record.
Order of dismissal passed on 31.1.2013 was assailed on 30.7.2013 in I.D. No. 91/2013 on the file of the II Addl. Labour Court, Bengaluru. Respondent, pursuant to the notice issued entered appearance on 30.9.2013 and did not file the counter. The absence of the petitioner/workman was on account of his ill-health. Labour Court has not granted reasonable opportunity and has passed the order of rejection in a hurry. In the interest of justice, the impugned Award can be quashed and the Labour Court directed to proceed in accordance with law by subjecting the petitioner to terms.
In the result, writ petition is allowed and the impugned Award is quashed. II Party - Management is granted time till 26.12.2016 to file its counter statement. Both parties shall appear before the Labour Court on 26.12.2016 and receive orders. The case be decided with expedition. However, the petitioner having not diligently prosecuted the case, in case the claim made by the petitioner is allowed by the Labour Court, he shall be denied back-wages from 5.11.2013 till 31.3.2015.
Ordered accordingly.