WPMS/143/2023
2023 Latest Caselaw 606 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

                WRIT PETITION (M/S) NO. 143 OF 2023

                             13TH MARCH, 2023

Between:

Mantri / Secretary, Khestriya Shri
Gandhi Ashram, Gauchar, District
Chamoli                                      ......          Petitioner

and

Labour Commissioner & another                ......         Respondents



Counsel for the petitioner       :     Mr. Prashant    Khanna,    learned
                                       counsel

Counsel for the respondent       :     Mr. Tej Singh Bisht, learned Deputy
                                       Advocate General with Mr. Yogesh
                                       Chandra Tiwari, Standing Counsel and
                                       Mr. M.S. Bisht, Brief Holder for the
                                       State / respondent No. 1


The Court made the following:

JUDGMENT:

The present petition has been preferred, under

Article 227 of the Constitution of India, to assail the ex-

parte Award dated 16.02.2022, passed by the learned

Labour Court, Dehradun, in Adjudication Case No. 01 of

2020, as well as the order of publication dated

04.03.2022, passed by learned Labour Commissioner,

Haldwani, in pursuance of the aforesaid Award.

2) The case of the petitioner / employer is that,

the petitioner never appeared before the Labour Court

despite issuance of notice, on account of the "Covid

Situation". A perusal of the order-sheet of the Labour

Court show that on 28.02.2020, the petitioner did not

appear, despite issuance of notice by registered post.

Consequently, the Labour Court treated the petitioner /

employer as served, and granted time to file the written

statement. The matter was adjourned to 13.04.2020.

3) The petitioner did not appear either on

13.04.2020, or even thereafter on 08.05.2020,

03.06.2020, 23.07,2020, 05.09.2020, 09.10.2020,

06.11.2020, 07.12.2020, 11.01.2021, 05.02.2021,

04.03.2021, 01.042021, 30.04.2021, 08.06.2021,

15.07.2021, 23.08.2021, 30.09.2021, 17.11.2021,

30.11.2021, 04.01.2022, 31.01.2022, 11.02.2022 and

16.02.2022, when the matter was heard ex-parte, and

reserved for Award. The aforesaid dates show that the

said period covers the time when the Covid pandemic

were prevalent, but also other period when Covid

pandemic has receded, and near normalcy had been

restored.

4) I am, therefore, not convinced that the

petitioner had sufficient cause of non-appearance before

the Labour Court for such a long period of time.

5) I am, therefore, not inclined to interfere with

the impugned Award. The petitioner is, accordingly,

dismissed.

________________ VIPIN SANGHI, C.J.

Dt: 13th MARCH, 2023 Negi