Indian Kanoon - Search engine for Indian Law

The industrial adjudicator has made no effort to ascertain as to whether the copies of the statement of claim were furnished to the petitioner before fixing a hearing after the receipt of the order of reference. The provisions of Rule 10b(iii) have been apparently given a complete go bye and no direction has been issued to the workman to furnish copy of the statement to the petitioner which would also have had the effect of notifying the petitioner with regard to the pendency of the dispute.

23. So far as service of the notices are concerned, two addresses for service of the management were given by the workmen in the statement of claim which were also mentioned in the order of reference. The order dated 14th January, 1999 was passed after the receipt of the order of reference and only directed that the workmen be served. The notices were issued to the workmen only through the process server but no notice was issued by registered AD post. On the other hand, notices were issued to the management by the order dated 3rd August, 1999 only by registered AD post and not through ordinary process.