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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Laxman @ Laxman Rawat – Appellant
Versus
Hariom Forging (P) Ltd. – Respondent
| Table of Content |
|---|
| 1. application of delay condonation in appeal. (Para 1 , 2 , 3) |
| 2. arguments against delay condonation. (Para 4 , 6) |
| 3. court's duty in evaluating ex-parte award. (Para 5) |
| 4. no grounds for interference in order. (Para 7) |
JUDGMENT
G.S. Sandhawalia, J. - CM-317-LPA-2023
Application for placing on record the copy of the Award as ex parte is allowed, subject to all just exceptions.
CM stands disposed of.
CM-100-LPA-2023
By this application, the applicant-appellant seeks condonation of delay of 62 days in re-filing the appeal.
In view of the averments made in the application, which is duly supported by an affidavit of the appellant, the application is allowed and the delay of 62 days in re-filing the appeal is hereby condoned.
CM stands disposed of.
LPA-38-2023 (O&M)
Consideration in the present Letters Patent Appeal is to the order dated 25.08.2022 of the Learned Single Judge passed in CWP- 18794-2022 titled Laxman @ Laxman Rawat v. M/s Hariom Forging (P) Ltd., wherein the writ petition filed by the appellant-writ petitioner was dismissed.
2. Challenge before the learned Single Judge by the workman was to the order dated 03.03.2022 (Annexure P-8) passed by the Labour Court-III
The court emphasized the necessity of timely appeals and rejected the appellant's request for condonation of a 626-day delay due to lack of valid justification.
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 Labour Court does not become functus officio after the award has become enforceable, as far as the ex parte award is concerned. It is within the powers of the Labour Court/Tribunal to entertain a....
Breach of Sections 25F, 25G and 25H of the Industrial Disputes Act fell flat as none of petitioners-workmen could establish before Labour Court that they had completed 240 days of continuous service ....
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.
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