- (1.) This revision petition under Article 227 of the Constitution of India is directed against the order dated 19.10.2006 passed by the learned Presiding Officer, Labour Court, Gurdaspur setting aside the ex parte and dated 18.8 20031 passed in favour of the petitioner.
(2.) The State Government in exercise of powers under Section 10(1)(c) of the Industrial Disputes Act, 1947 referred dispute to the Labour Court. The petitioner claimed that he was employed by the respondent in the month of January 1988 as Beldar on regular and permanent basis and he performed his duty at various places i.e. Gurdaspur, Dinanagar and other nurseries. The petitioner continued till July, 2001 when his service were terminated without any notice, notice pay and retrenchment compensation. As no body put in appearance on behalf of the respondents, they were proceeded ex parte and thereafter the ex parte award was passed on 18.8.2003.
(3.) The respondent employer thereafter moved an application on 7.10.2003 for setting aside the ex parte award. It was claimed that on the date fixed respondent was on emergent official work and was out of headquarter and could not attend the court on the date fixed. It was claimed that the absence of the petitioner was beyond his control due to the official work and it was pleaded that absence was neither willful nor intentional. The application was contested by the petitioner on the plea that the said application was not maintainable as the same was belated. The plea of estopple was also raised. It was claimed that the award stands published in the Government it Gazette dated 12.12.2003, the same has become enforceable and the Labour Court had no jurisdiction to set aside the ward after expiry of 30 days from the date of publication. The plea of the petitioner was rejected by observing that no orders have been placed on record showing that the award stands published. On issue No. 2, the learned Labour Court came to the conclusion that as the employee due to official activities could not appear in the Court his absence was duly justified and accordingly set aside ex parte award. The petitioner was ordered to be compensated with costs, which were assessed at Rs. 1000/-.;