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MICHAEL ZOTHANKHUMA
South Assam Roadways Limited – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. S. Chakraborty, learned counsel for the petitioner. Also heard Mr. S. Sahu, learned counsel for the respondent No.2.
2. The petitioner (Management) has put to challenge the impugned ex-parte Award dated 31.12.2014 passed by the learned Labour Court, Guwahati in Reference Case No.2/2014 on two grounds. Firstly, on the ground that the learned Labour Court had issued the order dated 22.07.2014, directing that Reference Case No.2/2014 would proceed ex-parte against the petitioner, without any notice being received by the petitioner and without there being any returns being stated in the summons, endorsing the time and manner of service of the alleged notice alleged to be served on the petitioner, in terms of Order 5 Rule 18 CPC. Secondly, on the ground that there is no proof that the respondent is a workman employed by the petitioner, inasmuch as, the money receipt dated 04.08.1997, which has been exhibited as Ext-1, is not proof of payment of money to the respondent No.2 by the petitioner.
3. The petitioner has also put to challenge the order dated 30.04.2016 passed by the learned Labour Court, Guwahati in Misc. Case No.1/2015, which was in relation to an application
The Labour Court's ex-parte award was set aside due to improper notice service and lack of evidence proving employment.
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 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 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....
The termination of an employee without due process is illegal, and the burden of proof lies with the employer to substantiate claims of non-employment.
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....
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