CWP No. 2471/2008 15.06.2011 Present: Mr. Paul S. Saini with Mr. Rakesh Thakur, Advocate, for the petitioner Mr. Anil Jaswal, Dy. A.G. for the State Ms. Bhavna Dutta, Advocate for respondent No.3 Petitioner’s grievance is to the effect that the impugned award (Annexure P-14) dated 16.03.2006 has been passed without affording adequate opportunity of hearing/representation/notice to the effected parties. Additionally, it is submitted that the award is also without jurisdiction. 2. Having heard learned counsel for the parties, it is not in dispute that the award passed against the petitioner and private respondent No.3 is ex-parte in nature. Having gone through the explained circumstances emerging from the record, the award in question needs to be set-aside on this ground alone. The finding of the Tribunal that the contesting parties who were represented choose not to subsequently appear and as such were proceeded ex-parte does not appear to be correct and truly borne out from the record. In terms of the impugned award, the Industrial Tribunal has directed reinstatement of the employee with 25% back wages w.e.f. 20.11.2002. The employee has not come forward to contest the present petition. The contesting parties have been seriously prejudiced in the passing of the impugned award behind their back. The counsel appearing for the contesting parties were neither engaged nor did they file any authority letter. Who instructed them and why did they suddenly stop appearing is not evident from the record. Also before proceeding ex-parte against the contesting respondents, service of summons was also not effected in accordance with the Rules. 3. Consequently, the impugned award dated 16.3.2006 passed by Presiding Judge, H.P. Labour Court, Shimla, in Ref. No. 271 of 2003 (Annexure P-14) is set-aside and the matter is remanded back to the Tribunal for deciding the case afresh after issuing notices to all concerned. 4. It shall be open for the contesting parties to take all pleas, as may be available to them, before the Tribunal including that of its jurisdiction. 5. For the aforesaid reasons, present petition is allowed. Appearing parties agree to appear before the Tribunal on 08.08.2011 and place a copy of this order on the file. June 15, 2011 ( Sanjay Karol ), (rana) Judge.