Civil Writ Petition No.16045 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.16045 of 2006 Date of decision: March 26, 2008 Gram Panchayat Village Dhadhogal … Petitioner Versus Gurpreet Singh and another … Respondents CORAM: HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Mohd. Salim, Advocate for the petitioner. Mr. Sumeet Mahajan, Senior Advocate along with Mr. S.L. Bhalla, Advocate for respondent No.1. KANWALJIT SINGH AHLUWALIA, J. Gram Panchayat of village Dhadhogal, Tehsil Dhuri, District Sangrur has prayed for issuance of writ in the nature of certiorari for quashing ex-parte order dated 05.09.2005 (Annexure P-1) passed by the learned Presiding Officer, Labour Court, Patiala. It is noticed in the order that despite the service of notice, no one has appeared for the management side. Mr.Mohd. Salim appearing for the petitioner, Gram Panchayat has stated that Presiding Officer in his order dated 2nd May, 2005 has stated that notice was sent to the management through registered cover and since more than 30 days were over, therefore, management was ordered to be proceeded ex-parte. We are convinced that no proper opportunity was afforded to Gram Panchayat to contest the application under Section 33 (c)(2) of the Civil Writ Petition No.16045 of 2006 2 Industrial Disputes Act, made to the labour Court. Otherwise also, it will be just that case is decided on merits. Therefore, in the interest of justice, we quash the order (Annexure P-1), subject to payment of cost of Rs.5,000/-, which shall be paid to the workman, and direct the management to appear before the labour Court, Patiala and the learned labour Court, after hearing the parties, will decide the issue afresh. [Kanwaljit Singh Ahluwalia] Judge [Ashutosh Mohunta] Judge March 26, 2008. rps