Parties should not suffer due to negligence of counsel and should be granted an opportunity to contest the case on merits.

SUNITA GUPTA, J.

1. Challenge in this writ petition is to the ex-parte award dated 9th October, 2014 passed by the Presiding Officer, Labour Court, Karkardooma Courts, Delhi in ID No. 56/2014 whereby a sum of Rs. 1,00,000/- as compensation was awarded to the respondent.

2. With the consent of the parties, the petition is taken up for final hearing.

3. The factual matrix of the case are as under:-

The respondent (hereinafter referred to as "workman") was working with the petitioner (hereinafter referred to as "management") from 5th January, 2005 on the post of 'sample Man' as averred in the award. His last drawn salary was Rs. 7829/- per month. The services of the workman were terminated by the management on 1st June, 2011 which was without any notice/charge sheet or any domestic inquiry, as such, was in violation of principle of natural justice and Section 25F of Industrial Disputes Act. It was further alleged that a legal demand notice was sent by the management through union to the management on 24th January, 2013 but no reply was sent by the management. A complaint was also made before the Conciliation Officer but the management did not allow the workman to resume his duties. Thereafter complaint was filed before the Assistant Labour Commissioner. Notice was issued to the management directing the management to reinstate the workman in service but management did not reply to the said notice. The termination of the service of workman was alleged to be illegal.

4. A reference was made by the Secretary (Labour), Govt. of NCT of Delhi to the Labour Court with the following terms of reference:-

"Whether the services of Sh. Naushad S/o Md. Manir has been terminated illegally and/or unjustifiably by the management, if so, to what relief is he entitled and what directions are necessary in this respect?"

5. Notice of reference was sent both to the workman as well as to the management. The workman filed a statement of claim. On 30th May, 2014, Sh. V.K. Kashyap, Advocate/AR for the management appeared and sought time to file written statement. Thereafter nobody appeared on behalf of the management. Even reply to the statement of claim was not filed. As such, vide order dated 4th August, 2004, the management was proceeded ex-parte.

6. The workman led his evidence by way of affidavit and relied upon certain documents. After perusing the evidence adduced by the workman and hearing the counsel for the workman vide impugned award dated 9th October, 2014, the termination of the workman was held to be illegal and a lump sum amount of Rs. 1,00,000/- was granted as retrenchment compensation in lieu of reinstatement, back wages and other consequential reliefs.

7. Feeling aggrieved, the present writ petition has been filed by the petitioner alleging inter alia that the workman was appointed as a tailor on monthly salary of Rs. 4000/- w.e.f. 1.1.2007. The workman was highly irregular in his services and despite notices sent to him, he remained absent. He sent a reply that he has been doing his own business due to which he could not attend the service of the petitioner regularly and assured the management not to be absent in future. However, after working for two days in the month of December, 2007, he left the services of the petitioner on his own accord. He never came to collect the two days wages amounting to Rs. 250/-. After a period of more than 5 years from the date of leaving the services of the petitioner, the respondent sent a false and frivolous demand notice through the union whereby the management was called upon to pay all the legal dues along with salary for the month of May, 2011 and the petitioner was further called upon to reinstate the workman with back wages. The claim was refuted by the management. The workman filed a complaint before the Labour Conciliation Officer. However, the matter could not be settled through the conciliation proceedings. Thereafter reference was made to the Labour Court. Summons were received by the mana