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DELHI HIGH COURT
DINESH KUMAR SHARMA
G4S Secure Solutions (I) Pvt. Ltd. – Appellant
Versus
Swami Nath Rai – Respondent
| Table of Content |
|---|
| 1. challenge to orders based on service issues. (Para 1) |
| 2. service of summons procedure in corporate entities. (Para 2 , 3 , 4) |
| 3. supreme court opinion on summons service to corporations. (Para 5) |
| 4. request to set aside ex-parte orders. (Para 6) |
| 5. opposition to setting aside of the order. (Para 8 , 9 , 10) |
| 6. court's obligation to ensure adjudication on merits. (Para 11 , 12 , 13 , 14) |
| 7. conditions for setting aside ex-parte order and cost implications. (Para 15) |
| 8. directive for further proceedings. (Para 16 , 17) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CM APPL.48838/2022 & CM APPL.48857/2022 (exemption)
Exemptions allowed subject to all just exceptions.
W.P.(C) 15694/2022 & CM APPL.48837/2022 (stay)
1. Present writ petition has been filed challenging the orders dated 17.07.2018, 27.10.2018 and 13.10.2022. The petitioner was proceeded ex- parte vide order dated 17.07.2018 by the learned POLC-V, Dwarka Courts, Delhi. Thereafter, vide the impugned order dated 27.10.2018, the award was passed by the learned Labour Court. Thereafter, an application was moved by the petitioner for setting aside the order dated 27.10.2018. The said application was dismissed by the learne
The court emphasized that service of summons must be on authorized representatives of corporations, and that labor courts should properly assess merits, not issue mechanical orders.
The Labour Court's ex-parte award was set aside due to improper notice service and lack of evidence proving employment.
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....
Compliance with the principles of natural justice is essential for an award to become binding, and an award which is a nullity due to denial of an opportunity of hearing could be challenged and set a....
The management's failure to appear and contest the case justified the ex-parte Award for reinstatement of the workman with back wages, as per the Industrial Disputes Act.
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.
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