Tribunal to
set aside an ex parte award. It is urged that the award
although ex parte, was an adjudication on merits ... hearing, it
may proceed ex parte. In a case in which the Tribunal or
other body makes an ex parte award, the provisions
order of the Labour Court
dated 11.5.2000 setting aside an ex parte award in favour of the Respondent
herein, was allowed.
FACTS :
The Respondent ... back-wages, continuity of service and all
consequential service benefits.
An ex parte award was passed by the said Labour Court on 5.2.1996.
The Appellant
showing sufficient cause, the
Court/Tribunal can proceed ex parte and pass an ex parte
award. The award, ex parte or otherwise ... hearing and to proceed ex parte.
Hence, in a case in which the Industrial Court
makes an ex parte award the provisions of
Order
industrial court may proceed ex parte as also the conditions on which it
may set aside an ex parte award. It reads as follows ... hearing and to
proceed ex-parte. Hence, in a case in which the industrial court makes an
ex-parte award the provisions of Order
jurisdiction to proceed ex parte and consequently, it must necessarily have power. to set aside the ex parte award. The Court in terms observed that ... ex parte one, does the Tribunal become functus officio and therefore, will have no jurisdiction to set aside the ex parte award and that
proceed. Despite the request, the arbitrator proceeded to
give his Award (ex parte). This was on 29.3.1994.
To complete the chronology of events ... above objections before the Artbitrator, the Arbitrator proceeded
to pass an ex parte Award dated 29.3.1994. The appellant further pointed out
that the Developer
Award, shall be
the date of publication of the Award. In the instant case, the date of
publication of the ex-parte Award dated ... ex-
parte award on December 9, 1976. The award had been
published on December 25, 1976. An application for setting
aside the ex parte award
ex parte order. Ext.P2
petition was dismissed by Ext.P3 order holding that the
application for setting aside the ex parte order ... were set ex parte in the
above arbitration case. Petitioners immediately filed Ext.P3
petition to set aside the ex parte award
intention to proceed ex parte against such a resent person and may proceed ex parte and make a valid award without issuing a notice ... intention to proceed ex parte has not caused any prejudice to the party against whom the ex parte award was made.
13. Keeping in view
Award is not ex parte , and even if it is ex parte , the circumstances justify the making of an ex parte Award. The Award ... arbitrators to conduct ex parte proceedings. In making the ex parte enquiry , the arbitrators violated the principles of natural justice. The Award did require registration
