VINEET KOTHARI - (1.) HEARD learned counsels.
(2.) By this writ petition, the employer has challenged the ex -parte award dated 10/9/2001 passed by the Labour Court, Bhilwara while deciding Industrial Dispute case no. 28/99 Durga Singh Shekhawat vs. President, Bhilwara, Shahpura, Devli Bus Association, Bhilwara.
(3.) LEARNED counsel for the petitioner, Mr. R.K.Rathi, submitted that the summons of Tribunal were not even properly served on the petitioner Association and on the copy of postal AD receipt produced as Annex.R/2 by the respondent, the signature of the alleged receiver of the summon are not even decipherable and in fact summons were actually never served on the petitioner employer and the ex -parte award deserves to be set aside. He further submitted that the petitioner Association is not even an industry and, therefore, the provisions of Industrial Disputes Act, 1947 could not be invoked against it. Learned counsel for the petitioner submitted that the petitioner came to know of the said ex -parte award only when the Bank Account was seized by the Oriental Bank of Commerce on 23/3/2010 (Annex.P/7). He, therefore, prayed for setting aside the exparte award.;