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 through certiorari is in a supervisory capacity and does not involve reviewing or reweighing the evidence upon which the determination of the inferior tribunal is based.

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 attention to the reply filed by the workman in response to the management's application for setting aside ex-parte award. He contends that sufficient cause is made out for setting aside an ex-parte award.

4. This court has carefully analyzed the arguments of learned counsel and with his able assistance perused the paper book.

5. In the present case, it is not in dispute that the management was served with a notice from Industrial Tribunal-cum-Labour Court-II, Gurugram. Sh. Bikram Singh, Manager HR, appeared before the court on 10.08.2015 and 14.09.2015. It is alleged that Bikram Singh left the services of the management on 30.09.2015. The question is as to whether the petitioner has made out a sufficient cause for setting aside an ex-parte award or not?

6. Sh. Bikram Singh was an employe of the management which is a private limited company. The management was in the knowledge of the pendency of the proceedings before Industrial Tribunal-cum-Labour CourtII, Gurugram. Even, if Bikram Singh had left the service of the company on 30.09.2015, still the management should have been vigilant and made enquiry about the status of the pending case.

7. The Labour court on appreciation of the material has reached at a conclusion that the petitioner-company has failed to make out the case for setting aside an ex-parte award. Rather, it has been found that it was negligent in pursuing the case. This court while exercising the power of judicial review does not sit in appeal against the judgment of the Tribunal. When the petitioner prays for issuance of a writ of certiorari, the scope of judicial review has been elaborately discussed by 5 judges bench of the Hon'ble Supreme Court in T.C. Basappa Vs. T. Nagappa & Anr., (1954) AIR SC 440, in the following manner:-

"7. One of the fundamental principles in regard to the issuing of a writ of certiorari, is, that the writ can be availed of only to remove or adjudicate on the validity of judicial acts. The expression "judicial acts" includes the exercise of quasi judicial functions by administrative bodies or other authorities or persons obliged to exercise such functions and is used in contrast with what are purely ministerial acts. Atkin, L.J. Thus summed up the law on this point in Rex v. Electricity Commissioners:

"Whenever anybody or persons having legal authority to determine questions affecting the rights of subjects and having the duty to act judicially act in excess of their legal authority, they are subject to the controlling jurisdiction of the King's Bench Division exercised in these writs."

The second essential feature of a writ of certiorari is that the control which is exercised through it over judicial or quasi judicial tribunals or bodies is not in an appellate but supervisory capacity. In granting a writ of certi