HISAR IMPROVEMENT TRUST v. THE PRESIDING OFFICER AND ORS.

In the present writ petition the petitioner-Trust challenges the Award of the Labour Court, Hisar dated 07.11.1997 (Annexure P-8), whereby respondent No.2 has been entitled for reinstatement for continuing service with all consequential benefits, but with only 50% back wages from the date of his demand notice dated 05.02.1992. During the pendency of the proceedings, the Award was stayed subject to payment of wages under Section 17-B of the Industrial Disputes Act, 1947. It is the case of the counsel for the respondent No.2 that he is being paid Rs.2160/- per month. CM-11028-CWP-2020 filed by the respondent-workman for permitting him to work as a Driver with the petitioner-Trust. It has been averred that he had approached the Secretary of the Trust, but on account of the pendency of the writ petition, no further action is being taken. IN THE HIGH COURT of PUNJAB AND HARYANA AT CHANDIGARH Counsel for the respondent-Trust had accepted notice on 28.10.2020 to file reply to the application. Thereafter, he had not put in appearance on 21.01.2021. Conditional costs of Rs.5,000/- were also imposed on 02.02.2021 for filing reply, failing which its defence shall be struck off. Today, none has put in appearance on behalf of the petitioner- Trust. The main case is taken on board. Accordingly, the defence of the petitioner-Trust is struck off, keeping in view the provisions of Section 35B CPC. Keeping in view the above, this Court is constrained to dismiss the writ petition, on account of the fact that the defence of the petitioner-Trust stands struck off. (G.S. SANDHAWALIA) FEBRUARY 16, 2021 JUDGE Naveen Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No