Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU
Jindal Steel and Power Limited – Appellant
Versus
Umesh Kumar Chauhan S/o Nansingh Chauhan – Respondent
| Table of Content |
|---|
| 1. facts of termination and ex parte proceedings (Para 1 , 2 , 3) |
| 2. arguments opposing ex parte decision (Para 4 , 5) |
| 3. court's rationale on procedural fairness and service (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. set aside ex parte order based on procedural errors (Para 19) |
| 5. remit case for fresh consideration with opportunity to be heard (Para 20 , 21 , 22 , 23) |
JUDGMENT :
BIBHU DATTA GURU, J.
1. Since both the appeals arise out of the common order dated 25/07/2025 passed by the Labour Court, Raipur (C.G.), they are being heard together and are being decided by this common judgment.
2. These appeals under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 are directed against the common order dated 25/07/2025 passed in Case No. 09/ID Act/2023/Misc. and Case No. 10/ID Act/2023/Misc. by the Labour Court, Raigarh (C.G.), whereby the learned Labour Court has dismissed the applications preferred by the appellants under Rule 10B(9) read with Rule 24 of the Industrial Disputes (Central) Rules, 1957 (for short ‘the Rules, 1957’) read with Order IX Rule 13 and Section 151 of the Code of Civil Procedure, 1908.
3. (a) Facts of the case essential fo
The court reaffirmed that due process and the principle of natural justice must be upheld, particularly ensuring proper notice is served before ex parte decisions are made.
The Labour Court's ex-parte award was set aside due to improper notice service and lack of evidence proving employment.
The Labour Court retains jurisdiction to entertain applications to set aside ex-parte awards beyond thirty days when principles of natural justice are not adhered to.
The Labour Court does not become functus officio after the award has become enforceable, as far as the ex parte award is concerned. It is within the powers of the Labour Court/Tribunal to entertain a....
The central legal point established is the requirement for an award to be passed in compliance with the principles of natural justice, and the possibility of challenging an award as a nullity if suff....
Termination without notice violates Section 25F of the Industrial Disputes Act, leading to reinstatement and back wages for the workman.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
