( 1 ). By these two applications made under Order 9 Rule 13 r. w. Sec. 151 of the Civil Procedure Code ; first being main and other styled as supplementary application, the respondent seeks setting aside of ex-parte judgement delivered on 30. 10. 91 whereby petitioner s W. P. U/art. 226 of the Constitution, assailing the award dated 29. 10. 88 given by Labour Court against him and seeking its reversal was allowed.

( 2 ) THE grounds taken up in the two applications are : (i) that the matter used to be shown on the list or DB-7 but suddenly appears to have been transferred from DB-7 to DB-5 from 28. 10. 91 onwards, which fact was not noticed by Gopal Singh, the Court Clerk of Dr. Anand Prakash, Sr. Advocate, whose duty was to scrutinse cause list and inform him about listing of the cases as well as to Mr- Samir Prakash the advocate on record of respondent : (ii) that at any rate there has been no lapse on the part of the applicant who had been defending the case diligently before the Labour Court and in the High Court and had entrusted the matter to the counsel for being persued and prosecuted on their behalf: it should not be penalised for the lapse of the counsel: and (ii