The court upheld the Labour Court's exparte award due to the petitioner's failure to comply with orders and present evidence, dismissing the Writ petition for lack of merit.

ORDER :

This Writ Petition has been filed by the petitioner challenging the order passed in I.D. No.218 of 2007 on the file of the II Additional Labour Court, Chennai dated 23.04.2007 and to quash the same.

2. According to the petitioner, the 1st respondent is an ex-employee of the petitioner Corporation and he was appointed as Junior Assistant on 01.11.1986 and he was a habitual absentee and his attendance was not satisfied. While so, in the year 1993, the 1st respondent attended duty only for 21 days. He was unauthorizedly absent to the duty for one month from 01.06.1995 to 30.06.1995. Dut to his unauthorised absence, the Writ Petitioner Corportion had issued a charge memo and thereafter, the 1st respondent had given an explanation and had met the General Manager of the Writ petitioner Corporation. Thereafter, on humanitarian ground, in order to give an opportunity, he was permitted to work without prejudice to the domestic enquiry. Again, the 1st respondent was absented for 3 months continuously without any leave letter/medical certificate. In the meantime, the previous domestic enquiry was completed and after receiving the enquiry report, the 1st respondent has not given any response to the domestic enquiry notice. The enquiry officer has given a finding that all the charges were proved against the 1st respondent. The 1st respondent was already punished through disciplinary action and he caused loss to the tune of Rs.86,50,000/- to the petitioner's Corporation while working in finance section, for that also, domestic enquiry was conducted and the 1st respondent was asked to pay a sum of Rs.3.94 lakhs. In the meantime, the petitioner Corporation sent a Show Cause Notice, but the 1st respondent did not receive notice and thereafter, final order was passed by terminating the 1st respondent from service and the same was challenged through an industrial dispute before the Labour Court. In the proceedings before the Labour Court, the Petitioner Corportion filed a counter and thereafter due to non-appearance of the counsel for the respondent in the main industrial dispute, who is the petitioner herei, an exparte order was passed on 23.04.2009. Thereafter, the 1st respondent had filed a C.P. No.2343/2011 and the same was also ordered as exparte on 11.09.2012. As per the order passed in C.P. No.2343 of 2011, the Writ Petitioner Corportion has to pay a sum of Rs.15,12,475/- to the 1st respondent. In the meantime, the 1st respondent had filed an execution petition. After receiving the execution petition notice, the petitioner Corporation came to know about the proceedings in the industrial dispute as well as the Computation Petition. They filed a petition to set aside the exparte order with condone delay petition and the same was allowed on condition to deposit a sum of Rs.2 lakhs in the Court and to pay a sum of Rs.5,000/- as cost to the 1st respondent. Due to administrative reasons, the petitioner Corporation was unable to comply the direction of the Labour Court in time. The extension of time petition was also filed and the same was also dismissed. Therefore, now the petitioner Corporation has filed this Writ petition challenging the order passed in the main industrial dispute.

3. The learned counsel appearing for the petitioner Corporation would submit that the 1st respondent was the ex-employee of the petitioner Corporation and he was on unauthorized absent, thereby they initiated disciplinary proceedings. In the disciplinary proceedings, the 1st respondent has not participated and thereafter, the enquiry report was submitted stating that the charges levelled against the 1st respondent were proved and thereafter, an order of termination was passed and the same was challe