Ashok Parihar, J. - (1.) On a dispute in regard to termination of services of the respondent No. 2 (the concerned workman) been referred to the Central Industrial Tribunal, Jaipur. an ex parte award was passed by the Tribunal on 22.5.1995 holding the termination of services of the concerned workman as illegal and unjustified and further directing the department for reinstatement of the concerned workman with all consequential benefits including back wages.
(2.) An application was filed by the petitioner on 5.8.1995 for setting aside the ex parte award before the Tribunal. On the basis of a written compromise between the parties, submitted before the Tribunal on 6.5.1997, which was duly attested by the Tribunal, the ex parte award dated 22.5.1995 was recalled vide order dated 6.5.1997. As per the compromise, which was duly attested by the Tribunal, the concerned workman was to be taken back on duty within one month. For remaining reliefs, it was left to the discretion of the Tribunal.
(3.) After recalling the ex parte award, the petitioners sought time to reinstate the concerned workman on duty, however, subsequently, on refusal of the department to abide by the compromise, as submitted before the Tribunal, an application was submitted by the concerned workman on 6.11.1997 for recalling the order dated 6.5.1997 and restoring the ex parte award dated 22 5.1995. The Tribunal, after hearing learned counsel for the parties, allowed the application as filed on behalf of the concerned workman vide order dated 13.11.1998 and restored the ex parte award dated 22.5.1995.;