(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Learned Counsel, Mr. Bhatt, appearing for the respondent fairly conceded that the impugned oral judgment dated 21.10.2010 of the learned Single Judge of this Court in the petitions of the respondent is an ex parte order insofar as the respondents in the proceedings before the learned Single Judge were not present before the Court either in person or through their Advocates. It was also fairly conceded that the petitions were allowed at the admission stage and the awards or orders of the Tribunal in favour of the appellants, herein, were set aside by the impugned judgment. Therefore, regardless of due service upon the appellants, herein, of notice or notice of rule in the original proceedings and without prejudice to the rights and contentions of the respondent, herein, it was submitted, on instructions, that the impugned common oral judgment may be set aside only with a view to give to the appellants, herein, a reasonable opportunity of being heard so as to assist the learned Single Judge for a fresh decision on merits.
2. Accordingly, the appeals are allowed and the impugned common oral judgment is set aside without entering into the merits of the contentions of the parties and the matter is remanded to the learned Single Judge for fresh decision of the original petitions of the respondent, herein, on merits and in accordance with law, without being prejudiced by the fact that the judgment impugned, herein, is set aside. The appeals are accordingly stand allowed with no order as to costs.
3. At the joint request of learned Counsel appearing for both the sides, the learned Single Judge is requested to take up hearing of the original petitions as early as practical, even as learned Counsel Mr. B.T. Rao, is now appearing for the appellants and shall appear before the learned Single Judge after filing his Vakalatnama in due course.
(D.H.
WAGHELA, J.) (MOHINDER PAL, J.) Umesh/ Top