IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.11997 of 2008 Date of Decision:- 18.02.2010 Managing Committee Army School Amritsar Cantt ....Petitioner(s) vs. Sh.Sarabjit Singh and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.N.S.Sodhi, Advocate, for the petitioner. *** AUGUSTINE GEORGE MASIH, J. (Oral) Affidavit of the Principal, Army School, Amritsar filed in Court, is taken on record. Prayer in the present petition is for setting aside the ex parte Award dated 31.3.2008 (Annexure P-1) passed by the Labour Court against the petitioner vide which workman-respondent No.1 has been ordered to be reinstated in service with full back wages from the date of his demand notice dated 1.12.2004. Despite service, no one has put in appearance on behalf of respondent No.1. Counsel for the petitioner submits that the petitioner was never served with the notice during the proceedings before the Labour Court. The report which has been produced before the Labour Court is not substantiated by any certificate to the effect that it had been duly served. The report that the notice has been served upon the respondents is incorrect. The present writ petition is supported by an affidavit, which fact is not C.W.P.No.11997 of 2008 -2- being controverted. Counsel for the petitioner submits that the work of respondent- workman was not satisfactory and on many occasions, he was warned of by the Management for his disobedience and for remaining absent without permission. As a matter of fact, disciplinary proceedings were initiated against the respondent-workman on account of such absence. Various documents have been placed on record to substantiate the contention with regard to such conduct of the workman but specific reference and comments thereon is avoided in the light of the final order I propose to pass in this case, lest prejudice is caused to the interest of the workman-respondent No.1 who has chosen not to contest the claim of the petitioner. Keeping in view the totality of the facts and circumstances of the case and the affidavit of the Principal of the Army School, which has been filed in Court that the petitioner was never served during the proceedings before the Labour Court, the present writ petition is allowed, the ex parte Award dated 31.3.2008 (Annexure P-1) is set aside. The parties are directed to appear before the Labour Court on 26.3.2010. Records of the Labour Court be also sent back forthwith. February 18, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE