SHREE FACTORY PRIVET LTD Vs. RAMANAND SAHU

JUDGEMENT

(1.) This petition is directed against the order dated 14.3.2012 Annexure P/1 and ex parte order dated 17.11.2011 Annexure P/4. Employee preferred an application under section 7 of Payment of Gratuity Act. The employer/petitioner was noticed by the controlling authority. Petitioner appeared through Counsel before the controlling authority. Petitioner did not appear in certain proceedings and therefore, the controlling authority proceeded against him ex parte on 17.11.2011 Annexure P/4. By this order, petitioner is directed to pay the amount of gratuity to the tune of Rs. 34,560/- with 10% interest. Against this petitioner preferred an application for setting aside ex parte order Annexure P/5. Along with this application, medical certificate Annexure P/6 was filed. The Court below rejected the said application vide Annexure P/1. This order is also called in question.

(2.) Learned Counsel for the petitioner/employer submits that the petitioner appeared in certain proceedings but because he was advised bed rest he could not appear in subsequent proceedings. The Court below should have accepted the medical certificate filed along with application Annexure P/5.

(3.) Per contra, learned Counsel for the workman submits that ample opportunities were granted to the petitioner which is reflected from page 2 of order Annexure P/4.