ASHOK PARIHAR,J - (1.) BY a notification dated 1.11.1993 the dispute in regard to the termination of services of respondent No. 2 (the concerned workman) was referred to the Labour Court,. Jaipur. After filing of statement of claim by the concerned workman, a written statement was submitted on behalf of the petitioner before the Labour Court. Subsequently, the case was transferred from Labour Court, Jaipur to Labour Court/Industrial Tribunal, Ajmer in January, 1996.
(2.) AFTER issuing a fresh notice, the case was fixed for evidence of the concerned workman. The statements of the concerned workman were recorded on 31.5.1996. Since none was present on behalf of the petitioner, after recording the statements of the concerned workman, an ex -parte award was passed by the Labour Court on the same date i.e. 31.5.1996, holding the termination of services as illegal and unjustified and further directing reinstatement of the concerned workman with all consequential benefits including back wages. After five days, an application was filed by the petitioner on 6.6.1996 for setting aside the ex -parte award mainly on the ground that it was some misunderstanding of the counsel for the petitioner that nobody could appear before the Labour Court on the date fixed. It has been submitted that the working hours of the Labour Court were 10.00 am to 4.00 pm whereas the Civil Courts were working from 7.00 am to 12.00 noon. In such circumstances, the counsel could not appear before the trial Court in time on 31.5.1996. The application for setting aside the ex -parte award was rejected by the Labour Court vide order dated 7.10.1996. The ex -parte award dated 31.5.1996 as also the order dated 7.10.1996 are under challenge in the present writ petition.
(3.) AFTER hearing counsel for the parties and perusing the material on record as also the orders impugned, in my opinion, the Labour Court was not justified in rejecting the application filed by the petitioner for setting aside the ex -parte award, since the application had been filed within six days of the passing of the impugned award.;