Delhi High Court
Bansal Industries vs Shri Dharam Singh & Others on 4 December, 1999
Equivalent citations: 2000IAD(DELHI)447, 82(1999)DLT883, [2000(85)FLR37]
Author: A.K. Sikri
Bench: A.K. Sikri
ORDER A.K. Sikri, J.
1. Rule.
Since short question is involved, with the consent of the parties the matter is taken up today and finally disposed of.
2. An ex-parte award was passed the petitioner. Petitioner filed applica- tion dated 9th April, 1997 seeking to set aside the ex-parte award on the ground that petitioner was initially summoned by the Labour Court. This application was rejected by the Labour Court vide order dated 10th April, 1997. Petitioner filed this petition against that order. On 18th November, 1998 this Court passed the order observing that Labour Court was justified in proceeding with the case ex-parte and passing ex-parte award as notice was served on the petitioner on 18th February, 1992. At that stage, counsel for the petitioner sought some time to cite judgment to show that this Court has power to set aside the impugned award in the interest of Justice even if the management had not appeared after receiving summons from the Labour Court. Case was thereafter adjourned from time to time and argued today. Learned counsel for the petitioner could not show any judgment in support of his aforesaid contentions. He relied upon a judgment of Supreme Court in the case of M/s. Shalimar Rope Works Limited Vs. M/s. Abdul Hus- sain H.M. Hasan Bhai Rassiowala and others wherein Supreme Court had held that mere handing over of summons to an employee would not amount to sufficient service. However this judgment is not applicable in the instant case inasmuch as case of the petitioner is not that the summons were served upon an employee who did not give it to the petitioner. On the contrary case put by the petitioner was that no summons were served at all which has been proved to be a wrong. Thus it is a case where even after service of summons the petitioner did not appear in the Court and no sufficient cause for non appearance show. Accordingly the writ petition is dismissed.