IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.27621 OF 2019 (L-RES) BETWEEN M/S. TECHNICRAFT #26/A, 2ND MAIN ROAD, JC INDUSTRIAL ESTATE, YELLACHENAHALLI, KANAKAPURA ROAD, BANGALORE-560 062.
REPRESENTED BY ITS PROPRIETOR, SRI. C. K. KRISHNA KUMAR.
(BY SRI S SANTHOSH NARAYAN , ADVOCATE) AND SRI. C. MUNIYELLAPPA S/O. SRI. CHIKKAPULLAPPA, #83, 6TH PHASE, SARAKKI GARDEN, J. P. NAGAR, BANGALORE-560 078.
(BY SMT SANDHYA JAMADAGNI, ADVOCATE) ...PETITIONER …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE AWARD DTD:30.3.2019 PASSED BY THE HON’BLE THIRD ADDITIONAL LABOUR COURT, BANGALORE IN ID. NO.31/2018 C/W REFERENCE NO.81/2018 AT ANNEXURE-S TO THIS W.P AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri S.Santhosh Narayan, learned advocate for the petitioner and Smt Sandhya Jamadagni, learned advocate for the respondent.
2. Petitioner has called in question the award dated 30.03.2019 passed by the Presiding Officer, III Additional Labour Court, Bengaluru, in I.D.No.31/2018 c/w Reference No.81/2018.
3. Shri S.Santhosh Narayan, learned advocate for the petitioner submits that though vakalathnama was filed before the Labour Court, petitioner could not attend the dates of hearing as he was not informed about them by his advocate. Hence, the award in substance is an exparte award. Accordingly, he prays for allowing this petition.
4. Smt.Sandhya Jamadagni, learned advocate for the respondent argued opposing the petition.
5. In paragraph-7 of the award, the learned Presiding Officer has recorded thus:
“7. The first party got himself examined as WW.1 and got marked Ex.W1 to W12. Since the second party and his counsel remained absent to lead evidence inspite of several chances, their evidence was taken as nil.”
6. I have given careful consideration to the rival contentions and perused the records. Though the ground urged on behalf of the petitioner that he did not appear before the Court as he was not informed about the dates of hearing by his advocate, is difficult to countenance, undisputed fact is, petitioner has not appeared before the Labour Court and put forth his defence. The award has been passed on 30.03.2019. In the circumstances, in the opinion of this Court, it would be just and appropriate to grant one opportunity to the petitioner by imposing costs.
7. Hence the following :
ORDER i) The common judgment and award dated 30.03.2019 passed by the Presiding Officer, III Additional Labour Court, Bengaluru, in I.D.No.31/2018 c/w Reference No.81/2018 is set aside.
ii) The matter is remitted to the Presiding Officer, III Additional Labour Court, Bengaluru for fresh adjudication.
iii) The petitioner shall pay costs of Rs.20,000/- (Rupees twenty thousand only) to the respondent.
iv) Parties shall appear before the III Additional Labour Court, Bengaluru on 30th October 2019, without awaiting further notice, and take further orders from the Labour Court.
Petition stands disposed of.
In view of the disposal of the petition, I.A.No.1/2019 stands disposed of.
No costs.
JT/-
SD/- JUDGE