NOVARTIS INDIA LIMITED Vs. VIPIN SHRIVASTAVA

JUDGEMENT

(1.) Series of orders passed in Industrial Dispute Reference Case No. 33/2014 are being challenged by the employer vide this petition under Article 227 of the Constitution of India. These orders are passed on 16.12.2014, 20.1.2015, 19.2.2015 and 29.3.2016.

(2.) Whereas, the orders passed on 16.12.2014, 20.1.2015, 20.2.2015 are in the proceedings during pendency of the Reference. The order dated 19.2.2015 is an award passed by Labour Court directing reinstatement of respondent with entire back wages within three months failing which 9 % interest on back-wages. That, by order dated 29.3.2016 Labour Court dismissed the petitioner's application under Order 9 Rule 13 Code of Civil Procedure, 1908 for setting aside ex parte award.

(3.) Dwelling on the orders passed on 16.12.2014, 20.1.2015, 10.2.2015 and 29.3.2016 it is observed from the material on record that in November, 2014 petitioner received notice dated 11.8.2014 from the office of respondent No. 2, Labour Commissioner, that the appropriate government has referred the dispute raised by respondent No. 1, against his termination, for adjudication to Labour Court. The petitioners filed their objection cum written statement. On 12.9.2014 and 16.10.2014 the petitioners were represented by their Advocate Shri Manoj Patil. That, on objection being raised by the workmen against the Advocate representing the petitioner on 10.11.2014,Power of Attorney Holder of the petitioner Shri Anil Kumar Singh appeared as its constituted attorney. His appearance was also objected at, whereon, an order was passed on 2.11.2014 that, petitioner would be represented through its authorized officer on the next date, i.e., 16.12.2014 failing which they will be proceeded ex parte.