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1972 Supreme(All) 543

G. C. MATHUR
Messrs Agarwal and Co. – Appellant
Versus
Appellate Authority – Respondent


Advocates appeared:
Ashok Mohiley, R.N. Bhalla and J.N. Tewari, Advocates, For the Appellant / K.P. Agarwal and Standing Counsel, For the Respondents

ORDER

G.C. Mathur, J. - The petitioner Company submitted under Section 3 of the Industrial Employment (Standing Orders) Act, draft standing orders for certification to the Certifying Officer. Objections were filed to the draft standing orders and after considering those objections the Certifying Officer amended the draft standing orders and certified them as amended. Against the order of the Certifying Officer the petitioner Company preferred an appeal. The appeal was fixed for hearing on March 26, 1970, but on that date the petitioner's representative did not appear. The Appellate Authority, accordingly, passed the following order :

"The appeal has been taken up today. The appellants are absent despite notice. The respondent workmen and the Standing Orders Officer on behalf of the Certifying Officer are present. It is already 12.40 P. M. in the day. There is no communication on behalf of the appellants.

The appeal in the absence of the appellants is dismissed in default. Inform all concerned."

On April 3, 1970, the petitioner Company made an application to the Appellate Authority for setting aside the order dismissing the appeal in default and for hearing the appeal on merits. The re

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