C.W.P. No.7981 of 1992 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.7981 of 1992 Date of Decision : 25.04.2011 Notified Area Committee, Patran …Petitioner Versus The Presiding Officer and another …Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. I.P.S. Doabia, Advocate for the petitioner Mr. R.S. Sharma, Advocate for respondent No.2. *** AJAY TEWARI, J. (ORAL) This petition has been filed challenging the ex-parte order dated 06.09.1989 (Annexure P-1) passed under Section 33-C(2) of the Industrial Disputes Act, 1947 (for brevity ‘the Act’) and the subsequent order dated 11.02.1992 (Annexure P-6) refusing to set aside the ex-parte order. I find that the present case is relates to an order passed under Section 33-C(2) of the Act whereby the amount of `40860.75 paise was ordered to be paid to the workman. Subsequent to that an C.W.P. No.7981 of 1992 -2- application for setting aside the ex-parte order was also made which was dismissed on the ground that the petitioner had admitted the receipt of summons but had pleaded that the same could not be acted upon due to rush of work but no evidence was led in support thereof. Learned counsel for the petitioner has however argued that an application under Section 33-C(2) of the Act did not lie because it was not a pre-existing right. He has specifically raised the issue of a selection grade which the respondent No.2 claimed to argue that question of a selection grade by its very nature can never be a pre-existing right. Even though speaking strictly legally this argument may be correct yet I find that the issue of a selection grade was raised by the petitioner in para No.9 of the petition. In reply thereto the workman had averred that the selection grade had been released to the persons junior to him. There is no denial of this fact by way of replication. Keeping in view the entire conspectus of facts, in my considered opinion, the present is not a case where the extraordinary jurisdiction of this Court should be exercised in favour of the petitioner. Consequently, this petition is dismissed. ( AJAY C.W.P. No.7981 of 1992 -3- TEWARI ) April 25, 2011 JUDGE ashish