Madhya Pradesh High Court
Shri Rajendra Dubey vs M.P. Ware Housing And Logistics ... on 18 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:38942
1 WP-32756-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 18th OF AUGUST, 2025
WRIT PETITION No. 32756 of 2024
SHRI RAJENDRA DUBEY
Versus
M.P. WARE HOUSING AND LOGISTICS CORPORATION AND
OTHERS
Appearance:
Shri Rajneesh Gupta - Advocate for the Petitioner.
Shri Praveen Dubey - Advocate for the Respondents No.1 and 2.
ORDER
The petition is filed challenging the Order dated 30.07.2024 passed by the Presiding Officer, Labour Court No.1, Bhopal whereby the application of the Petitioner under Order 9 Rule 13 of CPC read with Section 151 of CPC has been rejected and the request for setting aside ex parte award, dismissing the referebce in default of appearance, has been turned down.
2. Learned counsel for the Petitioner at the outset submits that on the same date i.e. on 30.07.2024, the same Labour Court, Bhopal had rejected application of another workman of the same organization for setting aside ex parte award and in that case also, the reference proceedings at the instance of workman were dismissed in default by the Labour Court as in the present case and the case of the petitioner is squarely covered by the judgment passed in the aforesaid case.
3. In Writ Petition No.32752/2024 (Bharat Singh Kirar Vs. M.P. Ware Signature Not Verified Signed by: KRISHNA SINGH Signing time: 8/19/2025 6:02:22 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:38942 2 WP-32756-2024 Housing And Logistics Corporation And Others), this Court has passed the following Order:-
"This petition is filed challenging the order dated 30.07.2024 passed by Presiding Officer, Labour Court N o . 1 , Bhopal (M.P.) whereby the petitioner's application under Order 9 Rule 7 read with Section 151 of CPC for setting aside ex parte award dated 21.12.2018 has been rejected.
The counsel appearing for the petitioner has drawn attention of this Court to the judgment passed by the Hon'ble Supreme Court in the case of M/s Haryana Suraj Malting Ltd. vs Phool Chand reported in (2018) 16 SCC 567 wherein it is held that the Labour Court/Industrial Court is competent to set aside ex parte order if sufficient cause is shown within reasonable time.
The counsel for the respondents has supported the impugned order and submitted that the application for setting aside ex parte award was filed beyond the period of 30 days of its publication without assigning proper reason for the delay in filing the same. Therefore, the impugned order has rightly been passed. However, the fact remains that in view of the judgment passed by the Hon'ble Supreme Court in the case of M/s Haryana Signature Not Verified Signed by: KRISHNA SINGH Signing time: 8/19/2025 6:02:22 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:38942
3 WP-32756-2024 Suraj Malting Ltd. vs Phool Chand (supra), ex parte award can always be set aside by the Labour Court/Industrial Court if sufficient cause is shown for the delay in approaching the Court. The relevant para reads as follows :
"35. Merely because an award has become enforceable, does not necessarily mean that it has become binding. For an award to become binding, it should be passed in compliance with the principles of natural justice. An award passed denying an opportunity of hearing when there was a sufficient cause for non-appearance can be challenged on the ground of it being nullity. An award which is a nullity cannot be and shall not be a binding award. In case a party is able to show sufficient cause within a reasonable time for its non-appearance in the Labour Court/Tribunal when it was set ex parte, the Labour Court/Tribunal is bound to consider such an application and the application cannot be rejected on the ground that it was filed after the award had become enforceable. The Labour Court/Tribunal is not functus officio after the award has become enforceable as far as setting aside an ex parte award is concerned. It is within its powers to entertain an application as per the scheme of the Act and in terms of the rules of natural justice. It needs to be restated that the Industrial Disputes Act, 1947 is a welfare legislation intended to maintain industrial peace. In that view of the matter, certain powers to do justice have to be conceded to the Labour Court/Tribunal, whether we call it ancillary, incidental or inherent."
The same will be applicable to the case of the Signature Not Verified Signed by: KRISHNA SINGH Signing time: 8/19/2025 6:02:22 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:38942 4 WP-32756-2024 petitioner. Under these circumstances, the order impugned is contrary to the judgment passed by the Hon'ble Supreme Court in the case of M/s Haryana Suraj Malting Ltd. vs Phool Chand (supra). The order dated 30.07.2024 is hereby set aside. The matter is remitted back to the Labour Court for reconsideration of the application seeking setting aside ex parte award. The Labour Court is expected to consider the sufficient cause shown by the petitioner for the delay.
With the aforesaid observations, the petition stands allowed and disposed of finally. No order as to costs."
4. Learned counsel for the respondent though opposes the petition, but he is not in a position to point out any distinguishing feature from the aforesaid case.
5. Consequently, the present petition is allowed in similar terms and it is ordered that the matter be remanded back to the Labour Court for reconsideration of the application seeking setting aside ex parte award. The Labour Court is expected to consider sufficient cause shown by the petitioner for delay.
6. The petition stands allowed and disposed off.
(VIVEK JAIN) JUDGE Signature Not Verified Signed by: KRISHNA SINGH Signing time: 8/19/2025 6:02:22 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:38942 5 WP-32756-2024 veni Signature Not Verified Signed by: KRISHNA SINGH Signing time: 8/19/2025 6:02:22 PM