Vineet Kothari, J. - (1.) HEARD learned counsels for the parties. This writ petition has been filed by the petitioner -Employer challenging the Industrial Tribunal's award dt. 23.11.2002 directing the petitioner -company to reinstate the respondent workman back into service and pay 50% back -wages.
(2.) LEARNED counsel for the petitioner -company submitted that the impugned award is ex -parte award and even though summons were not served on the company in accordance with Rules 18 and 20 of the Rajasthan Industrial Dispute Rule, 1958 (for short hereinafter referred to as Rules of 1958. The learned Tribunal has proceeded to pass ex parte award against it without giving reasonable opportunity of hearing to the company or serving the summons again in accordance with law. He, therefore, submitted that the ex parte award deserves to be set aside. On the other hand, Mr. R.S. Saluja, learned counsel for the respondent No. 2 -workman submitted that he has produced copy of order sheet entries of the learned Labour Court along -with AD receipt on the envelope, in which summons were sent by the Office of Deputy Labour Commissioner, Sirohi and, therefore, the learned Labour Court was justified in drawing inference of summons having been served on the employer -company and the award is justified. He further submitted that in absence of non -compliance of the award even though published, disentitle the petitioner -company from any relief.
(3.) HAVING heard learned counsels for the parties and upon perusal of AD receipt, produced by the respondent -workman, before this Court does not bear any seal of the limited company, and the signature on the AD receipt is also not decipherable, therefore, it cannot be treated a sufficient service on the petitioner -employer under Rules 18 and 20 of the Rules of 1958. Since the very foundation on which the learned Labour Court has proceeded ex -parte against the petitioner, is the breach of principles of natural justice, the ex -parte award in the present case cannot be passed and the opinion of this Court, the matter deserves to be remanded back to the Industrial Tribunal -cum -Labour Court. Consequently, this writ petition is allowed and the matter is remanded back to the learned Labour Court, Jodhpur for deciding the reference again de novo, and the parties in the first instance shall appear before the said Tribunal on 27.02.2012 and no fresh summons will have required to be issued to both the parties in this regard. It is expected that the learned Labour Court shall decide the reference again de novo within a period of six months from today. No order as to cost.;