CWP No.17852 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.17852 of 2010 (O&M) Date of Decision: 26.07.2011 **** M/s. Satguru Prem Auto Component (P) Ltd. . . . . Petitioner VS. Presiding Officer, Faridabad & Anr. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Rohit Ahuja, Advocate for the petitioner Mr. Shiv Kumar, Advocate for respondent No.2 **** SURYA KANT J. (ORAL) (1). The petitioner-Management is aggrieved by the ex parte Award dated 07.02.2008 (Annexure P3) as well as the order dated 22.01.2009 (Annexure P5) whereby its application to recall the order has been dismissed by the Industrial Tribunal-cum-Labour Court, Faridabad. (2). Learned counsel for the parties have been heard and the impugned order(s) perused. (3). In my considered view, the explanation rendered by the petitioner-Management that due to breaking out of the fire in its premise on 04.07.2007 that it could not keep track of the notice served upon it on 27.06.2007 for appearance in the CWP No.17852 of 2010.doc - 2 – Labour Court on 13.08.2007, appears to be plausible and ought not have been rejected out-rightly by the Labour Court. Suffice it to mention that the respondent-workman could be suitably compensated with costs for the harassment likely to be caused to him on commencement of the afresh proceedings by the Tribunal/Labour Court. (4). For the reasons afore-stated, the writ petition is allowed; the impugned Award dated 07.02.2008 (Annexure P3) as well as the order dated 22.01.2009 (Annexure P5) are set aside subject to payment of cost of Rs.20,000/- to the respondent- workman. (5). The parties are directed to appear before the Labour Court on 17.08.2011 and the cost amount shall be paid to the respondent-Workman on that very day. (6). The Labour Court shall ensure that the proceedings are concluded/decided at the earliest and preferably within six months. (7). Ordered accordingly. Dasti. 26.07.2011 vishal shonkar (S u r y a K a n t) Judge