JUDGMENT

Anil Kshetarpal, J. - The petitioner-company (the management) has sought issuance of a writ in the nature of certiorari for quashing of an ex-parte order dated 19.10.2015, ex-parte award dated 05.11.2019 and the order dated 05.11.2020, passed by the Industrial Tribunal-cum-Labour Court-II, Gurugram, dismissing an application for setting aside the award.

2. On 22.12.2020, this writ petition came up for preliminary hearing and after hearing learned counsel for the petitioner at some length, the following order was passed:-

"Learned counsel for the petitioner prays for some time to substantiate the argument that the petitioner has to be granted an opportunity to lead evidence before deciding application under Order 9 rule 13 CPC filed to set aside an ex parte award passed by the Labour Court."

3. Thereafter, the case came up on 22.01.2021. Learned counsel for the petitioner fairly admitted that the case law is against him and he does not wish to press the same. He, however, submitted that there is no denial of the fact that Bikram Singh, an official of the petitioner-company, who attended the proceedings before the Labour Court, had left the services of the management. He drew a