1. The petitioner-firm by way of this petition under Article 226 of the Constitution of India, has challenged the judgment and award dated 09.08.2011 passed by the Presiding Officer, Labour Court, Bhavnagar in Reference (L.C.B.) No.134 of 1999 whereby, the Presiding Officer of the Labour Court has been pleased to partly allow the reference and direct the petitioner-employer to reinstate the respondent-workman with 50% back wages and other consequential benefits including continuity of service.
2. The matter has been admitted by order dated 23.11.2011 and the judgment and award impugned in the present petition was stayed on condition of compliance of Section 17-B of the Industrial Disputes Act, 1947.
3. It appears from the record that thereafter, civil application for certain directions being Civil Application No.1397 of 2012 was filed by the respondent-workman wherein, this Court (Coram: Ravi R. Tripathi, J.) vide order dated 13.04.2012 passed the following order:-
"1. Learned Advocate Ms.Kruti M.Shah files affidavit in reply on behalf of respondent No.1. With the filing of the affidavit in reply, questions of disputed facts arise in the matter.
2. In the course of hearing of the matter, it also transpired that looking to the nature of the controversy involved in the matter, it will be in the interest of justice if both the learned Advocate request the Court taking up labour matters for early hearing and disposal of Special Civil Application No.16062 of 2011 on an agreed formula that as the main contention of the petitioner in Special Civil Application is that the award of the Labour Court is 'ex parte', that award be quashed and set aside with a direction to the Labour Court to decide the main matter, after giving full opportunity of hearing to both the parties, at the earliest, but not later than three months.
3. To enable the learned Advocates to follow the aforesaid course of action, for the present, this matter is adjourned to 27.04.2012."
4. At the joint request of the learned counsel for the parties, the matter was ordered to be listed for final hearing.
5. Ms.Kruti M. Shah, learned counsel for the petitioner as well as Mr.S.B. Gohil, learned counsel for the respondents jointly submitted that the impugned judgment and award was passed without giving opportunity of being heard to the petitioner and admittedly it is an ex-parte award. It is submitted by both the learned counsel that without recording any reasons, this Court may allow this petition by quashing and setting aside the impugned judgment and award and remanding back the matter to the Labour Court, Bhavnagar with appropriate direction to dispose of the original reference as expeditiously as possible.
6. Considering the impugned judgment and award, it is an admitted position that the petitioner did not avail opportunity of being heard and as agreed by both the learned counsel for the parties that it is an ex-parte order, as per the consensus arrived at between both the parties, impugned judgment and award dated 09.08.2011 passed by the Presiding Officer, Labour Court, Bhavnagar in Reference (L.C.B.) No.134 of 1999 is hereby quashed and set aside and the matter is remanded back. Reference (L.C.B.) No.134 of 1999 is restored to the file of the Labour Court, Bhavnagar. Considering the fact that the issue involved in the said reference relates to the year 1998, priority may be given to the same.
7. Learned counsel for both the parties undertake that the parties shall co-operate with the hearing of the reference before the Labour Court and shall not take any adjournment unless and until it is inevitable.
8. It goes without saying that in view of the consensus arrived at between the parties, this Court has not examined the matter on merits and it would be open for the Presiding Officer, Labour Court to decide the matter independently without being influenced by this order of remand on the basis of the evidence that may be adduced by the parties in accordance with law.
9. The petition is allowed.
The impugned judgment and award dated 09.08.2011 passed by the Presiding Officer, Labour Court, Bhavnagar in Reference (L.C.B.) No.134 of 1999 is hereby quashed and set aside and the matter is remanded back. Reference (L.C.B.) No.134 of 1999 is restored to the file of the Labour Court, Bhavnagar. The Labour Court, Bhavnagar is directed to decide the said reference as expeditiously as possible with utmost priority. Rule is made absolute. No order as to costs.
(R.M.CHHAYA, J.) Hitesh Top