Sanjay Kumar Petitioner v. Presiding Officer, I...

RAMESHWAR SINGH MALIK J. (ORAL)

C.M No. 10847 OF 2013

Applicant-petitioner seeks to place on record replication along with Annexures P-11 and P-12 and also seeks exemption from filing certified copy of Annexures. Application is supported by an affidavit.

Application is allowed subject to all just exceptions. Replication along with Annexures P-11 and P-12, is permitted to be taken on record.

C.M stands disposed of.

Civil Writ Petition No. 23430 of 2011

Feeling aggrieved against the ex parte order dated 17.7.2009 (Annexure P-9) passed by the learned Labour Court, Union Territory, Chandigarh, the petitioner-workman has approached this Court, by way of instant writ petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for quashing the impugned order.

Notice of motion was issued and pursuant thereto, written statement was filed on behalf of contesting respondent No. 2.

Learned counsel for the petitioner submits that the petitioner workman could not appear on one date of hearing i.e 14.5.2009 and he was proceeded against ex parte. The reason for non appearance was bonafie, because he had undergone a hip surgery, which is clear from Annexures P-5 to P-8.

The above said factual aspect of the matter has not been denied by learned counsel for the State, it being a matter of record.

In view of the above said factual as well as legal aspect of the matter, the impugned award dated 17.7.2009 (Annexure P-9) is ordered to be set aside.

Consequently, the reference is ordered to be restored to its original number. The matter is remanded to the learned Labour Court, Union Territory, Chandigrh for fresh decision, in accordance with law, and after granting due opportunity of being heard to the petitioner. It is further directed that since the reference is of the year 2005, the learned Labour Court shall make an endeavour to decide the matter at an early date by passing an appropriate order, in accordance with law.

With the observations made and directions issued, aforementioned, the present petition stands disposed of.