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2022 Supreme(MP) 1064

ANIL VERMA
Municipal Corporation – Appellant
Versus
Nasreem – Respondent


Advocates Appeared:
Shri Prateek Patwardhan, Advocate, for the Appellant, Shri Sanjeev Rawat, Advocate, for the Respondent.

ORDER

1. The petitioner has filed the present petition under Article 227 of the Constitution of India, being aggrieved by impugned orders dated 27.05.2019 (Annexure-P/3), 26.09.2019 (AnnexureP/6) and 31.01.2020 (Annexure-P/7) whereby ex-parte award has been passed against the petitioner. Two different applications under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (for short 'CPC') have been preferred by the petitioner before the Court below and the same were also dismissed.

2. The facts of the case in brief are that the petitioner/Municipal Corporation has filed the petition challenging the award passed by the Labour Court in Ref. No.ID REF.30/19, wherein the Presiding Officer has proceeded an ex-parte award against the petitioner directing reinstatement of petitioner without backwages. Thereafter the petitioner has filed an application under Order 9 Rule 13 of CPC for setting aside the ex-parte award but the learned Court below has dismissed the aforesaid application. The petitioner has again filed an application under Order 9 Rule 13 CPC and the same was also dismissed by the Court below vide impugned order dated 31.01.2020.

3. Counsel for the petitioner/Municipal Corpora

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