WPMS No. 1597 of 2018 Honble Manoj K. Tiwari, J.
Mr. M.S. Bhandari, Advocate for the petitioner.
This is employers petition under Article 227 of Constitution of India against the order dated 30.04.2013 passed by Certifying Officer under Industrial Employment (Standing Orders) Act, 1946 whereby amendment sought by the workman in clause 3.5 of the certified Standing Orders was allowed. Petitioner has also challenged the order dated 16.03.2018 passed by Presiding Officer Industrial Tribunal/Labour Court, Haldwani, District Nainital, whereby petitioners appeal against the order of Certifying Officer was dismissed.
It has been contended on behalf of the petitioner that copy of the notice issued by the Certifying Officer was received in the office of the petitioner on 23.04.2013 and pursuant thereto, petitioner appeared before the Certifying Officer on 26.04.2013 and moved an application seeking short adjournment.
However, no order was passed on the said application, and the application moved by the workman seeking amendment in the Standing Orders was ex parte allowed on 30.04.2013.
Learned counsel for the petitioner submits that in para-3 of the appeal filed by petitioner, it was categorically stated that on 26.04.2013 he sought adjournment on the ground that his counsel is not available, however learned Certifying Officer went ahead with the matter and passed final order on 30.04.2013. However, according to him learned Labour Court has completely overlooked this aspect of the matter.
This Court vide order dated 01.06.2018, had issued notice to the respondents by registered post and petitioner was also permitted to serve respondents personally. Petitioner has filed an affidavit of service according to which all the respondents have been served. Despite service of notice, respondents have not put in appearance.
Having regard to the fact that reasonable opportunity of hearing was not given to the petitioner, the order passed by Certifying Officer as well as the Labour Court (Appellate Authority) are liable to be set aside and hereby set aside. The writ petition is allowed. The matter is remitted back to the Certifying Officer to reconsider the application seeking amendment in accordance with law after hearing all the parties.
(Manoj K. Tiwari, J.) 16.07.2018 Nahid