Delhi High Court
Kunal Printers vs Gnctd And Ors. on 9 August, 2007
Author: H Kohli
Bench: H Kohli
JUDGMENT
Hima Kohli, J.
1. Rule.
2. With the consent of the parties the matter is being heard and disposed of.
3. The present petition has been filed by the petitioner for setting aside the ex-parte award dated 27.5.2003, passed by the Presiding Officer, Labour Court. A perusal of the record reflects that the petitioner/ management stopped appearing in the matter w.e.f 3.4.2003, as a result of which it was proceeded against ex-parte on the said date and the matter was listed on 27.5.2003, when ex-parte arguments were heard, followed by the impugned award.
4. Counsel for the petitioner tries to explain the absence of the petitioner before the Labour Court by stating that the petitioner/ management and the respondent/ workman had arrived at a settlement, pursuant to which the respondent/ workman had also filed an application dated 19.7.2002 before the Presiding Officer, Labour Court, duly supported by his affidavit stating inter alia that he had arrived at a settlement with the management of his free will and consent and it was, therefore, requested that the proceedings be dropped. It is stated that under the bonafide impression that the respondent/ workman had dropped the proceedings against the petitioner/ management pursuant to the settlement and the same would be sufficient to dispense with the presence of the petitioner/ management before the Labour Court, none appeared on 3.4.2003.
5. A certified copy of the application filed by the respondent/ workman before the Labour Court is filed by the petitioner on record. A perusal of the nothings on the said application made by the Reader of the Court shows that on 19.7.2002, when the application was filed, it was directed that the same be put up with the main matter on 26.7.2002. On 26.7.2002, presence of the workman was recorded and it was directed that the matter be put up on 6.9.2002, on which date, a request was made by the petitioner/ management for an adjournment. The matter was adjourned to 24.12.2002, but since the Presiding Officer was on leave on the said date, the same was adjourned to 3.4.2003. However, as already indicated, when the petitioner/ management failed to appear on 3.4.2003, it was proceeded against ex-parte.
6. Counsel for the respondent disputes the settlement by stating that the petitioner management has not handed over the cheque bearing No. 641814 dated 26.7.2002, stated to have been issued in favor of the respondent workman and therefore, there was no question of encashing it.
7. The Court is presently confining itself to the ex-parte award passed in this case and does not propose to deal with the issue of a settlement, if any, between the parties. Considering the facts and circumstances of the case as stated above, it is appropriate that the impugned ex-parte award be set aside and the matter be remanded back to the Labour Court. However, in view of the fact that the ex-parte award dated 3.4.2003, was passed when the petitioner/ management stopped appearing in the matter, and the same if now set aside, would relegate the respondent workman back to the original stage of the case as it was on 12.12.2002, when the respondent/ workman was to be cross- examined, it is a fit case where the respondent/ workman ought to be compensated for delay of five years caused on account of the conduct of the petitioner/ management. Accordingly, the ex-parte award dated 27.3.2003, passed in ID No. 1/2000 is set aside subject to the petitioner management paying a sum of Rs. 10,000/- to the respondent workman within a period of six weeks and in any case, on or before 17.9.2007, on which date the parties are directed to appear before the Labour Court for further proceedings. Counsel for the petitioner is also directed to pay a sum of Rs. 5000/- to the respondent/ workman towards litigation expenses in the present proceedings, within the same time.
8. In view of the fact that the dispute is of the year 2000, the Labour Court shall make an endeavor to expedite the hearing in the matter.
9. With these directions, the writ petition and pending application are disposed of.
10. A copy of this order be forwarded to the Presiding Officer, Labour Court V, Karkardooma Courts, Delhi for information.
