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DEEPAK SIBAL, AMARJOT BHATTI
Blue Stampings and Forgings Limited – Appellant
Versus
Rajiv Mandal – Respondent
JUDGMENT
Mr. Deepak Sibal, J. (Oral)
The instant Intra Court Appeal originates from a judgment dated 14.09.2023 whereby a learned Single Judge of this Court dismissed the appellant's writ petition filed by it to challenge therein the order dated 17.01.2023 passed by the Industrial Tribunal-cum-Labour Court-III, Faridabad (for short "the Labour Court") through which order the Labour Court had dismissed the appellant's application for setting aside order of the Labour Court dated 21.03.2017 through which the appellant had been ordered to be proceeded against ex-party. Through its writ petition the appellant had also sought quashing of the ex-party final award of the Labour Court dated 10.08.2017 through which the Labour Court had accepted respondent No.1's claim filed by him against the termination of his services by the appellant.
2. On the termination of his services by the appellant, respondent No.1-workman (hereinafter referred to as "the workman") raised an industrial dispute as per which in the year 2004 he had been appointed by the appellant as a Press Man; later, he was asked by the appellant to perform the duties of a Dori Man; thereafter, he was designated as a Hammer Man an
Termination without notice violates Section 25F of the Industrial Disputes Act, leading to reinstatement and back wages for the workman.
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 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 court emphasized the necessity for a fair hearing and thorough examination of evidence in labor disputes, reaffirming that decisions must not be arbitrary but based on substantial merits.
In absence of any evidence produced by the petitioner workman establishing that he had worked under the Respondent continuously for 240 days and, coupled with the fact that the industrial dispute has....
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