Punjab-Haryana High Court
M/S Fluor Daniel India Private Limited vs The Presiding Officer And Others on 2 May, 2024
Neutral Citation No. : 2024:PHHC:060956
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
202
CWP-25603-2022 (O&M)
Decided on : 02.05.2024
M/s Fluor Daniel India Private Limited
. . . Petitioner(s)
Versus
The Presiding Officer,
Industrial Tribunal-cum-Labour Court-1,
Gurugram and others
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Akshay Bhan, Sr. Advocate with
Mr. Vikas Kumar Jha, Advocate,
Ms. Ena Kapur, Advocate,
Ms. Sakshi Malhotra, Advocate and
Mr. Amandeep Singh, Advocate for the petitioner(s).
Mr. Satish Singla, AAG, Haryana.
Mr. S.K. Kaushik, Advocate
for respondent No.2.
****
SANJAY VASHISTH, J. (Oral)
1. Petitioner - M/s Fluor Daniel India Private Limited, has filed
the present writ petition, for seeking the setting aside of the ex-parte award
dated 25.03.2022 (Annexure P-1) and detailed order dated 20.10.2022
(Annexure P-2), passed by respondent No.1 - Presiding Officer, Industrial
Tribunal-cum-Labour Court-I, Gurugram (in short, 'learned Tribunal'), in
Claim Petition (Reference No.PR/139/19).
2. Vide ex-parte award dated 25.03.2022 (P-1), respondent No.2 -
Girish Om Prakash Sharma (workman) has been ordered to be reinstated
with continuity of service and back-wages @ 50% to be calculated at his last
drawn pay.
CWP-25603-2022 (O&M) -2-
3. An application, for setting aside of the order dated 04.12.2019,
vide which, petitioner - Management, initially, was proceeded against ex-
parte, is pending without any decision along with an application for staying
the execution proceedings.
4. For reference, order dated 20.10.2022, passed at the first
instance, is reproduced here-under:-
"Present:- Sh. Abhijit Mittal, AR for the respondent-applicant.
Sh. Sandeep Sharma, AR for the workman.
Memo of appearance on behalf of the workman is filed
with prayer to supply copy of the application filed by the applicant
for setting aside exparte order dated 04.12.2019 and exparte award
dated 25.03.2022. AR for the applicant undertakes to do the
needful.
At this stage, learned AR for the applicant has
submitted that during pendency of the present application,
proceedings before The Deputy Labour Commissioner, Circle-1,
Gurugram be stayed. He has placed on record reply filed by the
applicant in response to notice bearing no. 2209 dated 18.10.2022
received from the office of DLC, Circle-1, Gurugram. Reliance is
placed on Amrik Singh v/s Jasbir Singh, (1995) 3 RRR 519,
Rabindra Singh v/s Financial Commissioner, Cooperation,
Punjab and others, (2008) 7 SCC 663 and Davinder Pal Singh
and another v/s Narinder Pal Singh and others, (2016) 3 RCR
(Civil) 194(2).
prayer is vehemently opposed.
Heard and perused the record.
Firstly; the applicant has not made any prayer for
staying the execution of impugned award while filing the instant
application. Secondly; it is discernible from copy of notice bearing
no.2209 dated 18.10.2022 issued by Deputy Labour Commissioner,
Circle-1, Gurugram that the applicant repeatedly avoided its
appearance before him. The judgment(s) referred to on behalf of
the applicant are not applicable to the facts in hand as in those
cases either the application or prayer was made for staying the
JAWALA RAM operation of the impugned judgment/decree. Thus, without
CWP-25603-2022 (O&M) -3-
commenting on the merits of the case, no ground is made out for
grant of stay at this stage.
Now to come up on 04.01.2023 for reply and
consideration.
Sd/-
(A.K. Sharm)
POLC-I, GGN
20.10.2022"
5. It appears that on being enlightened by the Court, petitioner -
Management realized its mistake and immediately, moved one application
for staying the operation of execution proceedings, on the same day i.e.
20.10.2022, which came up for hearing on the same day as well, and
following order was passed therein:-
" M/s Flour Danial India Pvt. Ltd. vs. Girish Om Prakesh Sharma
Present:- Sh. Abhijit Mittal, AR for the respondent-applicant
--------
File is taken up again as the applicant has filed
another application for staying the operation of impugned award.
The application be checked and registered as Misc. Application.
Let notice be issued to the workman for the date already fixed.
Sd/-
(A.K. Sharma)
POLC-I, GGN
20.10.2022"
6. On the very outset, learned Senior counsel submits that at this
stage, challenge to the ex-parte award dated 25.03.2022 (P-1), would not be
pressed by him, if a time bound direction to decide the pending
application(s) is issued to the learned Tribunal (respondent No.1 herein), by
which, petitioner - Management has sought setting aside of the ex-parte
order dated 04.12.2019, and also the stay of proceedings till the time
application for challenge to ex-parte order is decided.
CWP-25603-2022 (O&M) -4-
7. Counsel for respondent No.2 - workman submits that present
writ petition is not maintainable, because order of declining the stay of the
proceeding, has not been passed by the learned Tribunal, and therefore,
petitioner - Management should go back to join the proceedings before the
learned Tribunal, for seeking adjudication of the applications already
pending for its decision.
However, there is no serious objection to the counsel for
respondent No.2 - workman, in case, a direction is issued for decision of the
applications pending before the learned Tribunal, within some time bound
manner.
8. After going through the impugned award/order, pleadings raised
in the present writ petition and also, after hearing learned counsel for the
parties, I deem it appropriate to dispose of the present writ petition by
issuing a direction to decide the aforesaid application(s) within some time
bound manner.
Therefore, in the interest of justice, and to avoid unnecessary
delay as well as keeping in view the interest of the workman, I hereby direct
the learned Tribunal, where the application(s) for seeking, setting aside of
the ex-parte order dated 04.12.2019, ex-parte award dated 25.03.2022, and
also the separately filed application for seeking stay of the executing
proceedings, are pending, to be decided in accordance with law, within a
period of two months from the date of receipt of this order.
It is also clarified that for the decision of the aforesaid
application(s), if day-to-day proceedings are to be conducted, then learned
Tribunal may conduct day-to-day proceedings also. Besides, learned
Tribunal would not allow unnecessary delay in the proceedings of the
CWP-25603-2022 (O&M) -5-
application filed under Order 9 Rule 13 of the Civil Procedure Code, 1908, if
any attempt is made at the instance of either of the parties.
Till the time, subsequently filed application on 20.10.2022 for
stay of proceedings is finally decided, proceedings arising from impugned
ex-parte award would remain stayed.
With the aforementioned terms, present writ petition stands
disposed of.
For compliance, copy of order be forwarded to the concerned
Court i.e. Presiding Officer, Industrial Tribunal-cum-Labour Court-I,
Gurugram.
(SANJAY VASHISTH)
JUDGE
May 02, 2024
J.Ram
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
