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SAURABH SRIVASTAVA
Fortis Hospitals Limited Noida – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Saurabh Srivastava, J.
Heard Sri Atul Mehra, learned counsel for petitioner and Sri Raj Kumar Singh, learned Standing counsel for respondent no. 1 and 2.
2. Even in the revised call none appeared on behalf of respondent no. 3 although detailed counter-affidavit has already been preferred on behalf of respondent no. 3 which is available in the records.
3. The present petition has been instituted for challenging the award dated 11.11.2014 passed by respondent no. 2 which was published on dated 27.03.2015 and the same was pasted on the notice board on dated 15.05.2015. While challenging the sanctity, genuineness and correctness of the award which impugned the present petition on several other grounds inter alia specifically on the ground that the award has been passed as an ex parte and there was no discussion of the stand taken up by the petitioner being the sole employer of respondent no. 3.
4. After receiving copy of the ex parte award on dated 20.06.2015, petitioner appointed Sri Y.K Gupta, Senior Consultant (H.R. and Legal) and Sri V.K. Gupta, Labour Law Advisor to take appropriate action and also appear and plead the proceedings before the respondent no. 2. After inspect
An ex parte award lacking adherence to natural justice is a nullity and cannot be enforced; the Labour Court must consider recall applications if sufficient cause for non-appearance is shown.
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.
Point of law : Supreme Court categorically observed that test that has to be applied is whether defendant honestly and sincerely intended to remain present when the suit was called on for hearing and....
The central legal point established is the requirement for an award to be passed in compliance with the principles of natural justice, and the possibility of challenging an award as a nullity if suff....
The main legal point established in the judgment is that the Labour Court is not functus officio after the award becomes enforceable, and it has the discretion to entertain applications for setting a....
Compliance with the principles of natural justice is essential for an award to become binding, and an award which is a nullity due to denial of an opportunity of hearing could be challenged and set a....
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....
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