IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.16021 of 2008 Date of decision:16.07.2009 M/s Shiv Shakti B.K.O., Village Kumbarwal, ...Petitioner Tehsil Sherpur, District Sangrur. versus Presiding Officer, Labour Court, Patiala and another ...Respondents CORAM: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. K.S.Chahal, Advocate, for the petitioner. Mr. Shailendra Sharma, Advocate, for respondent No.2. --- 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 ? K.Kannan, J.(Oral) 1. The writ petition challenges the award that was passed on 12.07.2005 upholding the reference in favour of the workman, directing reinstatement and back wages. The award admittedly had been passed ex parte and when the award was put in execution by service of notice on the management, an application for setting aside the ex parte award was filed on 29.11.2005. The objection to the application was that the award had already been published on 06.05.2005 and the application filed subsequently could not be entertained since the Court has become functus officio. The Labour Court therefore felt itself fettered by the subsequent notification and refused to set aside the award. Civil Writ Petition No.16021 of 2008 - 2 - 2. The learned counsel appearing for the management has reproduced the zimini orders of the Labour Court. The original file has also been sent for to verify if service has been effected on the management. I find that the notice has not been served and there is no report of the bailiff for service of notice on the management. Even the zimini orders only disclose that the registered cover had not been received back and the Court had considered that the notice was not served upon defendant. When there was neither an endorsement by the bailiff for service nor a postal acknowledgment, it is understandable as to how the Court opined that the service was sufficent. Evidently, the procedure adopted by the Lower Court in proceeding ex parte against the defendant was not proper. The ex parte award is directed to be set aside and the matter is remitted to the Labour Court, Patiala, for fresh consideration after giving an opportunity to the management to file the written statement and render the adjudication on merits. 3. Having regard to the fact that the case under reference is of the year 2003, it is requested that the Labour Court disposes of the case with a period of six months from the date when the records are received. 4. Parties are directed to appear before the Labour Court on 21.08.2009. (K.KANNAN) JUDGE 16.07.2009 sanjeev