- (1.) THIS is an application for setting aside the orders dated March 11, 2007, April 13,2007 and August 1, 2007, passed by the Tribunal.
(2.) THE case of the petitioner is that an application was filed under section 33 (2) (b) of the Industrial Disputes Act, 1947. An Advocate was engaged for pursuing the said matter. Direction was also given for filing written statement by the workman. Such written statement, though filed, was not served on the petitioner-company and for non-appearance of the petitioner-company and/or its Advocate engaged, the matter, by order dated March 11, 2007, was fixed for ex parte hearing. On April 13, 2007, as none appeared on behalf of the company, the application was dismissed for non-prosecution. On April 25, 2007, at a meeting with the union, the petitioner came to know of the order of dismissal dated April 13, 2007. Thereafter, enquiry was made from its Advocate and the petitioner was informed that no step had been taken by its Advocate to appear before the Tribunal because of ill health and, therefore, the matter was fixed for ex parte hearing and dismissed on April 13, 2007: An application was thereafter filed for recalling the order dated april 13, 2007 and by order dated August 1, 2007, the same was dismissed. Hence the instant application has been filed.
(3.) THE petitioner seeks setting aside of the orders dated March 11, 2007, April 13, 2007 and August 1, 2007 on the grounds that the petitioner ought not to be penalised for laches of its Advocate. The petitioner had taken all steps to be represented and was of the belief that the matter would be attended to by its Advocate. For omission of the Advocate, the petitioner ought not to be penalised and for the said proposition reliance is placed on decisions reported in AIR 1981 SC 1400,1981 (4) SCC 574, (1984) Supp. SCC 431 and 2002 CWN 596.;