IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.563 OF 2007 WRIT PETITION NO.563 OF 2007 WRIT PETITION NO.563 OF 2007 SHRI RAJENDRA SHUKLA ... PETITIONER. SHRI RAJENDRA SHUKLA ... PETITIONER. SHRI RAJENDRA SHUKLA ... PETITIONER. VS. VS. VS. M/S. VENKATATESHWAR KNITTING M/S. VENKATATESHWAR KNITTING M/S. VENKATATESHWAR KNITTING & SPINNING INDUSTRIES LTD. ... RESPONDENTS. & SPINNING INDUSTRIES LTD. ... RESPONDENTS. & SPINNING INDUSTRIES LTD. ... RESPONDENTS. MS. S.S.PATHAK FOR THE PETITIONER. MS. S.S.PATHAK FOR THE PETITIONER. MS. S.S.PATHAK FOR THE PETITIONER. ..... ..... ..... CORAM : A.P. DESHPANDE, J. CORAM : A.P. DESHPANDE, J. CORAM : A.P. DESHPANDE, J. DATE : January 23, 2007. DATE : January 23, 2007. DATE : January 23, 2007. ..... ..... ..... P.C. P.C. P.C. 1. The present petitioner who is an employee, was 1. The present petitioner who is an employee, was 1. The present petitioner who is an employee, was working with the Respondent -Company. On closure of the working with the Respondent -Company. On closure of the working with the Respondent -Company. On closure of the business, the petitioner has been terminated from service. business, the petitioner has been terminated from service. business, the petitioner has been terminated from service. The petitioner moved the Industrial Court by filing a The petitioner moved the Industrial Court by filing a The petitioner moved the Industrial Court by filing a complaint. The respondent was proceeded against, ex parte complaint. The respondent was proceeded against, ex parte complaint. The respondent was proceeded against, ex parte and an Award came to be passed, by an ex parte Order and and an Award came to be passed, by an ex parte Order and and an Award came to be passed, by an ex parte Order and the complaint came to be allowed. the complaint came to be allowed. the complaint came to be allowed. 2. The respondent moved an application for setting 2. The respondent moved an application for setting 2. The respondent moved an application for setting aside ex parte judgment and order by contending that aside ex parte judgment and order by contending that aside ex parte judgment and order by contending that the respondent was proceeded ex parte in view of the the respondent was proceeded ex parte in view of the the respondent was proceeded ex parte in view of the absence of the advocates appearing for them, having absence of the advocates appearing for them, having absence of the advocates appearing for them, having withdrawn their appearance, without any intimation to withdrawn their appearance, without any intimation to withdrawn their appearance, without any intimation to the respondent. The Industrial Court after examining the respondent. The Industrial Court after examining the respondent. The Industrial Court after examining the the the issue, in the light of the material available on issue, in the light of the material available on issue, in the light of the material available on record, has held that there was sufficient cause for record, has held that there was sufficient cause for record, has held that there was sufficient cause for the respondent not to have contested the complaint, the respondent not to have contested the complaint, the respondent not to have contested the complaint, having further recorded the finding that very many having further recorded the finding that very many having further recorded the finding that very many trifle issues arise for considersation has resotred the trifle issues arise for considersation has resotred the trifle issues arise for considersation has resotred the matter, with a view to adjudicate the same on merit, by matter, with a view to adjudicate the same on merit, by matter, with a view to adjudicate the same on merit, by granting an opportunity to the respondent to granting an opportunity to the respondent to granting an opportunity to the respondent to participate in the proceeding. It is this Order passed participate in the proceeding. It is this Order passed participate in the proceeding. It is this Order passed by the Industrial Court, that is challenged by filing by the Industrial Court, that is challenged by filing by the Industrial Court, that is challenged by filing the present petition. the present petition. the present petition. 3. Before the Industrial Court, the present 3. Before the Industrial Court, the present 3. Before the Industrial Court, the present petitioner did not seriously contest the application petitioner did not seriously contest the application petitioner did not seriously contest the application for restoration and has contended that the respondent for restoration and has contended that the respondent for restoration and has contended that the respondent be saddled with costs, if the application is to be be saddled with costs, if the application is to be be saddled with costs, if the application is to be allowed. It does appear that as the application was allowed. It does appear that as the application was allowed. It does appear that as the application was not seriously opposed or challenged. The Industrial not seriously opposed or challenged. The Industrial not seriously opposed or challenged. The Industrial Court allowed the same to meet ends of justice, subject Court allowed the same to meet ends of justice, subject Court allowed the same to meet ends of justice, subject to payment of cost of Rs. 1500/-, The impugned Order to payment of cost of Rs. 1500/-, The impugned Order to payment of cost of Rs. 1500/-, The impugned Order is passed with a view to achieve full and final is passed with a view to achieve full and final is passed with a view to achieve full and final decision on merit, by granting an opportunity to the decision on merit, by granting an opportunity to the decision on merit, by granting an opportunity to the respondent, in peculiar facts of the case. Hence, no respondent, in peculiar facts of the case. Hence, no respondent, in peculiar facts of the case. Hence, no interference is called for and the petition deserves to interference is called for and the petition deserves to interference is called for and the petition deserves to be dismissed summarily. Consequently,the petition be dismissed summarily. Consequently,the petition be dismissed summarily. Consequently,the petition stands stands stands summarily dismissed. summarily dismissed. summarily dismissed. 4. At this stage, the learned Counsel for the 4. At this stage, the learned Counsel for the 4. At this stage, the learned Counsel for the Petitioner seeks indulgence of this Court, by submitting Petitioner seeks indulgence of this Court, by submitting Petitioner seeks indulgence of this Court, by submitting that the complaint is pending since 1997 and hence, the that the complaint is pending since 1997 and hence, the that the complaint is pending since 1997 and hence, the Industrial Court need to decide the same as expeditiously Industrial Court need to decide the same as expeditiously Industrial Court need to decide the same as expeditiously as possible. Though the Industrial Court has allowed the as possible. Though the Industrial Court has allowed the as possible. Though the Industrial Court has allowed the application, filed by the respondent, with a view to grant application, filed by the respondent, with a view to grant application, filed by the respondent, with a view to grant the respondent a chance to contest the matter on merit, the respondent a chance to contest the matter on merit, the respondent a chance to contest the matter on merit, the ends of justice demand an expeditious disposal of the the ends of justice demand an expeditious disposal of the the ends of justice demand an expeditious disposal of the complaint, pending since 1997, filed by the employee. I complaint, pending since 1997, filed by the employee. I complaint, pending since 1997, filed by the employee. I hope and trust that the Industrial Court will decide the hope and trust that the Industrial Court will decide the hope and trust that the Industrial Court will decide the complaint as expeditiously as possible, preferably within complaint as expeditiously as possible, preferably within complaint as expeditiously as possible, preferably within a period of four months from today. a period of four months from today. a period of four months from today. ..... ..... ..... [A.P.DESHPANDE, J.] [A.P.DESHPANDE, J.] [A.P.DESHPANDE, J.]