JUDGMENT Mukul Mudgal, J.
1. Rule.
2. With the consent of the Counsel for the parties, the writ petition is taken up today for final hearing.
3. The writ petition challenges the impugned Award dated 18th January, 2000, dismissing the statement of claim filed by the petitioner/workman and the writ petition also challenges the impugned Order dated 17th February, 2000, dismissing the petitioner's application for setting aside the ex parte Award dated 18th January, 2000.
4. It is not in dispute that on 10th October, 1997 the respondent No. 3 management has been proceeded exparte and on the day, i.e., 18th January, 2000 when the order, dismissing the petitioner's statement of claim was passed, an application filed by the respondent No. 3 management for setting aside the exparte proceedings ordered on 10th October, 1997 was pending before the Labour Court.
5. I have noted the plea of the learned counsel for the petitioner that the absence of the petitioner was on the account of the fact that the wrong date was noted and also hearing the plea of the learned Counsel for respondent No. 3 that an affidavit of clerk of the petitioner's AR should have been filed before the Labour Court instead of the petitioner's own affidavit filed in support of the application for setting aside the exparte award.
6. I am satisfied that while filing of an affidavit of clerk of the AR or an Advocate is not absolutely necessary, if there is an affidavit in support by the deponent and the dismissal of the petitioner's application for setting aside the exparte award OP this ground is not justified. Accordingly, I am of the view the in the interest of justice both the Order dated 10th October, 1997 proceeding ex-parte against the respondent No. 3, management and the Award dated 18th January, 2000 as well as the Order dated 17th February, 2000 by which the petitioners application for setting aside the award dated 18th January, 2000 was dismissed, should be quashed and set aside.
7. In this view of the matter while allowing the writ petition and setting aside the not only the Award dated 18th January, 2000 in ID No. 373 of 1996 but also the orders dated 10th October, 1997 and 17th February, 2000, the matter is remanded back to the, Labour Court No. 1, Tis Hazari Courts, Delhi for disposal afresh not later than 31st October, 2004. Parties to appear before the Labour Court on 15th December, 2003 for directions. Records of the Labour Court proceedings, if any summoned, shall be sent forthwith to the Labour Court.
8. The writ petition stands allowed and disposed of accordingly with no order as to costs.