Hemant Gupta, CJ.

1. A Division Bench of this Court vide order dated 19th February, 2018 has referred the following question for the opinion of the Larger Bench expressing prima facie disagreement with the view of the earlier Division Bench of this Court in the case of Bhagwan Das vs. Radhey Shyam Gupta and others on 8th March, 1976 in Misc. Petition No.473/1975.

2. In Bhawan Das’s case (supra), the Division Bench of this Court while examining Sub-Rule (3) of Rule 10-B of the M.P. Industrial Disputes Rules, 1957 (for short “the Rules”) framed in terms of Section 38 of the Industrial Disputes Act, 1947 (for short “the Act”) held that in terms of Sub-rule (3) of Rule 10-B read with Rule 13 of the Rules, it is clear that the notice informing the parties of the first date of hearing of the dispute has to be given. Since the Labour Court fixed the date of first hearing of the dispute on 21st March, 1975 for 24th March, 1975, and that no information was given by the Labour Court to the employer of date of hearing in spite of the fact that the employer's counsel was not present on an earlier date, therefore the ex parte Award is not legal. The relevant extract from the judgment reads