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MICHAEL ZOTHANKHUMA
Burnie Braes Tea Estate – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. A. B. Dey, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for the respondent Nos. 1, 2, 3 & 4. No one appears for the respondent Nos. 5 & 6.
2. The management (writ petitioner) has made a challenge to the ex-parte Award dated 24.08.2015 passed by the learned Industrial Tribunal, Cachar, Silchar (hereinafter referred to as the learned Tribunal) in Reference Case No. 1/2014. The petitioner has also made a challenge to the order dated 22.06.2016 passed in Misc. Case No. 1/2016, which was an application filed by the petitioner under Order IX Rule 13 CPC, for modification/vacation of the ex-parte
Award dated 24.08.2015.
3. The case of the workman (respondent No. 6) is to the effect that she was a permanent worker at Burni Breas Tea Estate, Hailakandi and that she was terminated illegally by the petitioner without any cause. The workman’s further case is that before termination of her service, the management did not issue any show cause notice, which was mandatory.
4. To cut a long story short, the following issues were framed by the Government to be decided by the learned Tribunal, which are as follows:-
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.
The Labour Court's ex-parte award was set aside due to improper notice service and lack of evidence proving employment.
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 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.
Point of law : Supreme Court categorically observed that test that has to be applied is whether defendant honestly and sincerely intended to remain present when the suit was called on for hearing and....
The main legal point established in the judgment is that the Labour Court is not functus officio after the award becomes enforceable, and it has the discretion to entertain applications for setting a....
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
The legal principle established in the judgment emphasizes that certiorari may lie and is generally granted when a court has acted without or in excess of its jurisdiction. The control exercised thro....
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