- (1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 25.11.2010, passed by learned Presiding Officer, Labour Court-II, Faridabad, vide which application filed by Petitioner for restoration of the application dated 19.3.2010 for setting aside ex parte award dated 26.2.2010 against the present Petitioner-Management was dismissed.
(2.) I have heard learned Counsel for the Petitioner and have gone through the whole record carefully including the impugned order passed by learned Presiding Officer, Labour Court, Faridabad.
(3.) Facts relevant for the decision of present revision petition are that a reference was made by Hon'ble Governor of Haryana for adjudication of dispute between the parties before Labour Court, Faridabad, vide order dated 15.5.2008. On notice being issued, both the parties appeared before learned Labour Court, Faridabad. Written statement was also filed by present Petitioner-Management. However, during pendency of the said proceedings, none appeared for the Petitioner-Management and hence, Petitioner-Management was proceeded ex parte on 25.2.2010. Ex parte award was also passed in favour of Respondent-workman and against Petitioner-Management by learned Presiding Officer, Labour Court, Faridabad. The Petitioner-Management filed an application dated 19.3.2010 for setting aside ex parte proceedings and ex parte award dated 26.2.2010, by taking the plea that inadvertently the date was noted by authorised representative of the Petitioner-Management as 25.3.2010 instead of 25.2.2010. However, none appeared on behalf of the Petitioner-Management in the application too and the same was also dismissed in default on 4.5.2010. The Petitioner-Management filed another application for restoration of the said application dated 19.3.2010, however, the said application was also dismissed by learned Presiding Officer, Labour Court, Faridabad, vide impugned order, dated 25.11.2010, Annexure P3.;