J.NISHA BANU
P. Azhagarsamy – Appellant
Versus
Presiding Officer, Labour Court, Tiruchirappalli – Respondent
ORDER :
J. Nisha Banu, J.
1. This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent pertaining to I.A. 416 of 2009 in I.D. 75 of 1999, quash the same and consequently direct the 1st respondent to set aside the ex parte award passed in I.D. 75 of 1999 and take up the same for trial.
2. The case of the petitioner is that the petitioner has raised an Industrial Dispute challenging the order of dismissal and prayed for reinstatement with continuity of service and backwages. The said Industrial Dispute had been numbered as I.D. No. 75 of 1999 on the file of the first respondent. When the case was posted on 07.11.2008 for hearing, since the petitioner went to Chennai to attend a condolence, he was not able to attend the hearing and therefore, he was set ex parte. Thereafter, the petitioner had filed the present application, i.e., I.A. No. 416 of 2009 before the first respondent Court with a prayer to condone the delay of 243 days in filing the petition to set aside the ex parte award. The said application in I.A. No. 416 of 2009 has been dismissed by the first respondent vide impugned order dated 31.08.2012. Challeng
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