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VINOD S. BHARDWAJ
A. V. Spinning Mill, Sanoli Road, Jalalpur, Panipat – Appellant
Versus
Presiding Officer, Employees Compensation Act, Circle-1, Panipat – Respondent
JUDGMENT
Mr. Vinod S. Bhardwaj, J. (Oral)
In compliance to the order dated 22.10.2019, a demand draft bearing No. 468627 dated 27.10.2023 for a sum of Rs. 25,000/- has been brought in Court today. The same has been handed over to the counsel for respondents No. 2 to 6 in original.
2. Prayer in the present petition is for setting aside the impugned order dated 10.04.2017 (Annexure P-1) passed by respondent No.1 vide which the petitioners were proceeded against ex parte in the proceedings initiated by respondents No. 2 to 6 before the Commissioner under Employee's Compensation Act, Circle-1, Panipat, and further for setting aside the ex parte award dated 10.07.2017 (Annexure P-2). A further challenge is made to the order dated 17.01.2018 (Annexure P-5) vide which the application of the petitioners under Order 9, Rule 13 of CPC has been dismissed.
3. Learned counsel for the petitioners has argued that the contesting respondents No. 2 to 6 had preferred an application before the Commissioner, Employee's Compensation Act, Circle-1, Panipat alleging that deceased Tirloki (husband of respondent No.2 and father of respondents No. 3 to 6)was an employee of the petitioners and had died in an a
Proper service of notice under Order 5, Rule 17 CPC is essential before proceeding ex parte, ensuring the right to a fair hearing is upheld.
The court affirmed the necessity for proper service of notice in legal proceedings and emphasized a liberal approach to delay in applications, prioritizing substantial justice.
The central legal point established in the judgment is the interpretation of the term 'employer' and the liability of principal employers under the Employees Compensation Act, 1923.
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 management's failure to appear and contest the case justified the ex-parte Award for reinstatement of the workman with back wages, as per the Industrial Disputes Act.
The main legal point established is that the trial court must ensure proper service of summons and comply with the legal requirements for substituted service.
The court emphasized the necessity of proper notice in proceedings, ruling that failure to serve notice justifies setting aside an ex-parte award.
The absence of disciplinary procedure prior to termination violated natural justice, but evidence indicated the employee abandoned his service, justifying the writ application to set aside the tribun....
The Labour Court's ex-parte award was set aside due to improper notice service and lack of evidence proving employment.
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