ANIRUDDHA BOSE,J. - (1.) The writ petitioner in this proceeding questions the legality of an order passed by the Second Labour Court under Section 33(C)(2) of the Industrial Disputes Act, 1947. By this order, the Labour Court had directed payment of Rs. 1,07,278/- to the respondent no. 3 and Rs. 1,35,523/- to the respondent no. 4. This order, which is under challenge, has been passed on considering merits of the matter but the order was passed ex parte because the writ petitioner (being the employer) did not appear before the Labour Court in spite of service. The writ petitioners are a partnership firm and the ground shown as to why they went unrepresented is that one of their partners who was looking after the case, being Joydeb Makhal (since deceased), had passed away on 23rd February, 2007 and it was he who was looking after the matter. Further case of the petitioner is that if they had proper representation before the Labour Court, they would have been able to prove that the aforesaid two respondents were not entitled to the sum of money they have been awarded.
(2.) As the order has been passed on merit, under ordinary circumstances remanding the matter on the ground that the same was passed ex parte would not have been proper course. But in this case in view of the petitioner's submission that they have a strong case on merit, I am of the opinion that another chance may be given to them provided they pay Rs. 10,000/- as costs to the respondent nos. 3 and 4, that is Rs. 5000/- to each of them. The impugned order in the circumstances shall stand revoked provided such payment is made by bank draft in favour of the aforesaid respondents within a period of 14 days. The said draft shall be handed over to the advocate-on-record of the respondent nos. 3 and 4. I am passing this order because in my opinion every matter ought to be adjudicated on merit and the respective parties ought to get sufficient chance to present their cases. Here, no doubt, the writ petitioner has defaulted, even after getting chance, but as one of their partners had passed away, no prejudice would be caused to either of the parties if a fresh hearing is directed. At the same time, the Labour Court should ensure that adjudication is completed within a period of 16 weeks from the date of communication of this order.
(3.) The application is, thus, disposed of.;