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 ... said ex parte award, moved an application for setting
aside the same. By reason of an order dated 11.5.2000, the ex parte award
Tribunal can proceed ex parte and pass an ex parte
award. The award, ex parte or otherwise, has to be sent to
the appropriate Government ... 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 ... could not have made an ex parte Award dated 29.3.1994.
According to the appellant, the said ex parte Award passed by the Arbitrator
2001, filed by the
employer seeking vacating of the ex-parte award dated
10/08/2000 in Ref.(IDA) No.90/1996, was untenable ... 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
till 1.45 P.M. The respondents were proceeded ex-parte. The proceedings for recording ex-parte evidence were adjourned to 5th September ... 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 ... that it was an ex parte Award. When an in what circumstances can an award be passed ex parte has been stated by the Calcutta
