An ex-parte award passed without notice to a party is a nullity and the Tribunal has the power and duty to set it aside and direct the matter to be heard afresh.

( 1 ) THE workmen, Shri Haran Chandra Naskar was permanently working under the Management of M/s. Switz Foods Private Limited. The Management of the said M/s. Switz Foods Private Limited dismissed Shri. Haran Chandra Naskar (hereinafter referred to as 'the workmen') on and from 17th May 2000. The Union raised an industrial dispute on behalf of the workman.

( 2 ) AFTER failure of the conciliation proceeding, the Government of West Bengal referred the matter to the First Industrial Tribunal, Kolkata for adjudication of the issues mentioned in the order of reference dated 4th September 2001.

( 3 ) IT has been submitted on behalf of the petitioner that concerned Government though made the reference but no intimation was given to the Union in this regard. It has been submitted on behalf of the Union that no notice was also received by the said Union from the learned Tribunal regarding pendency of the reference as a result whereof the said Union could not take any step in the proceeding before the Tribunal.

( 4 ) IT has been submitted on behalf of the petitioner that the Union remained absent before the Tribunal and could not take part in the proceeding as the said Union never received any intimation regarding the pendency of the reference before the first Industrial Tribunal, Kolkata. The learned Tribunal, however, after receipt of the reference issued notices upon the parties and it appears from the award passed by the learned first Industrial Tribunal, Kolkata on 31st January 2002 that inspite of granting repeated opportunities the Union remained absent and did not take any step before the Tribunal. The learned Judge of the Tribunal accordingly, believed that the Union is not willing to contest the case as there is not dispute between the parties and accordingly passed a 'no Dispute Award'.

( 5 ) THE learned counsel of the petitioner, however, submitted that as summons were not received by the Union, it could not appear before the Tribunal to contest the case and the learned Judge of the Tribunal wrongly came to a conclusion that there is no dispute between the parties and passed a 'no dispute Award' although according to the learned counsel of the petitioner, the workman concerned represented by the Union has been severely prejudiced by the said 'no Dispute Award' as the concerned workman and the Union also were all along willing to participate and to contest the case before the Tribunal.

( 6 ) IT has been submitted on behalf of the Union that the said Union came to know in respect of the reference of dispute before the Tribunal only on 11th February 2002 but since neither any order of reference nor any summon was received by the said Union it was not possible on the part of the Union to take appropriate steps in the matter immediately thereafter.

( 7 ) ULTIMATELY on 26th February 2002 the Union filed a petition before the respondent Tribunal praying for setting aside of the 'no Dispute Award' passed on 31st January 2002. The said petition was heard by the learned Tribunal and ultimately the learned Judge of the First Industrial Tribunal rejected the aforesaid petition of the Union by the order dated 17th April 2002 on the ground that the prayer made in the said petition is barred by limitation as provided in second proviso of section 27 (iii) of the West Bengal Industrial Disputes Rules, 1958. Furthermore, the learned judge of the Tribunal was also not satisfied with the explanations put forward by the Union in the said petition dated 26th February 2002 for setting aside the 'no Dispute Award' passed on 31st January 2002.

( 8 ) THE petitioner thereafter filed this writ petition before this Court challenging the 'no Dispute Award' dated 31st January 2002 and the subsequent order dated 17th April 2002 rejecting the petition of the Union for setting aside the said 'no Dispute Award'.

( 9 ) THE learned counsel of the petitioner submitted that the Union representing the workman herein was very much ea