Rajesh Balia, J. - (1.) HAVING heard learned Counsel for the appellant we are of the opinion that the learned Single Judge has found as a tact that the respondent -employer was deprived of hearing while proceeding ex -parte by the Labour Court and there was sufficient cause with the respondentemployer that it could not be present during the course of proceedings before the Labour Court and the application for setting aside the ex -parte was wrongly rejected. Consequently, the award dated 10.10.2001 passed ex -parte by the Labour Court has been set aside and the case had been remitted back to examine the matter on merit by the Labour Court.
(2.) AS a result of this finding, the writ petition filed by the workman for implementation of the award has also been dismissed. The fact that the respondent employer has been allowed to bring on record the material in support of his case about the status of the employee in the service and other issues sought to be raised particularly finding that the passing of the ex -parte award deserves to be set -aside reveals that the order under appeal has been passed in furtherance of substantial justice. It is not a case for interference in appeal. The appeal is dismissed in limine.;