- (1.) VINEET Saran, J. Heard Sri Vivek Saran, learned Counsel for the petitioner as well as Sri S. S. Nigam for the contesting Respondent No. 1. Counter and rejoinder affidavits have been exchanged and with consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage.
(2.) THE petitioner is aggrieved by an Award dated 20-2-2004 passed by Respondent No. 2 whereby the claim of the respondent-workman has been allowed in toto. A perusal of the said impugned Award, as well as the order sheet (which has been filed by the respondent) go to show that proceedings against the petitioner were ex parte. THE Labour Court has mentioned in the order that notice to the petitioner- employer had been sent by registered post and since the same was not returned back within 30 days, the petitioner/employer would be presumed to have been served. No further efforts were made by the Labour Court to ensure that the employer be duly served. Deemed service should not be taken as a matter of routine but should be resorted to in special circumstances after adequate efforts have been made by the Court concerned to ensure that the contesting party is duly served. In the present case, it is the specific case of the petitioner that it had not received any notice from the Labour Court and thus was not given opportunity of placing its case before the Labour Court. The effort of the Courts and the Tribunals should be to decide the case on merits and not to proceed to decide them ex parte without making adequate effort to ensure service on the parties. In the present case, the petitioner had appeared before the Conciliation Officer and thus it could not be presumed in routine course that the petitioner would not be interested in contesting the case before the Labour Court. The facts of this case do not go to show that the petitioner had deliberately avoided appearance before the Labour Court. In the aforesaid circumstances the ex parte Award deserves to be set aside. Accordingly, this writ petition stands allowed. The Award dated 20-2-2004 is quashed and the matter is remanded back to the Labour Court for taking fresh decision, in accordance with law, after giving adequate opportunity of hearing to both the parties, as expeditiously as possible, preferably within a period of six months from the date of filing of a certified copy of this order before it. Both parties shall not seek any unnecessary adjournment in the case before the Labour Court. Petition allowed. .;