Madhya Pradesh High Court
Rasna Pvt. Ltd. Through Atul Sharma vs Antim on 17 April, 2018
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Writ Petition No.3863/2017
(Rasna Pvt. Ltd. Vs. Antim Bhavsar)
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Indore, dated 17/04/2018
Shri Prakhar Karpe, learned counsel for the petitioner.
Shri V. P. Saraf, learned counsel for the respondent.
The petitioner before this Court has filed present petition being aggrieved by order passed by the Labour Court dated 24/08/2016 in case No.40/ID-33(C)(2)/15. The Labour Court has allowed the application preferred by the workman.
Learned counsel for the petitioner has argued before this Court that the order passed by the Labour Court is an ex-parte order and notice was never received at any point of time by the petitioner.
Learned counsel for the respondent workman has drawn the attention of this Court towards record of the Labour Court and his contention is that as per proceedings dated 21/01/2016, the notice was served to the other side.
It is true that the aforesaid order sheet reflects that acknowledgment was there in existence in respect of respondent No.2 (the present petition) but at the same time the order sheet further reveals that a request was made by the workman before the Labour Court for issuing fresh notices and the subsequent orders sheets are silent in respect of those fresh notice.
Not only this, it was a claim for grant of wages and the wages HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Writ Petition No.3863/2017 (Rasna Pvt. Ltd. Vs. Antim Bhavsar) -2- were never admitted by the employer as the employer never appear before the trial Court.
In the interest of justice, this Court is of the opinion that the impugned award deserves to be set aside and is accordingly set aside and the trial Court is directed to pass appropriate order on merits after hearing both the side. Both the side will appear before the trial Court on 30/04/2018 and thereafter, the trial Court shall pass appropriate order. The trial Court shall conclude the proceedings within a period of three months from 30/04/2018.
With the aforesaid, writ petition stands disposed of. Certified copy as per rules.
(S. C. SHARMA) JUDGE Tej Digitally signed by Tej Prakash Vyas Date: 2018.04.18 15:25:06 +05'30'