CWP No.16727 of 2006 [1] THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.16727 of 2006 Date of Decision: 03 – 09- 2008 Mohinder Kumar Jain ....Petitioner v. Presiding Officer, Labour Court, Ambala ....Respondents and another CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Anupam Sharma, Advocate for the petitioner. Mr.R.C.Kapoor, Advocate for respondent No.2. *** KANWALJIT SINGH AHLUWALIA, J. The present petition has been filed by Mohinder Kumar Jain petitioner-workman praying that ex parte award, Annexure P-2 passed by the Labour Court on 11.7.2005 be set aside along with order dated 26.9.2005, Annexure P-4 whereby application of the petitioner for recalling the ex parte award has also been dismissed. Petitioner-workman had served a demand notice, in pursuance of which reference was made by the Haryana Government to the Labour Court. Petitioner-workman had filed claim statement Annexure P-1 on 28.3.2005 wherein it was stated that he had joined the management i.e. respondent No.2 on 1.9.1989 as Accountant and CWP No.16727 of 2006 [2] had continuously worked upto 31.3.1998 when his services were terminated without issuing any notice, payment of advance salary or payment of retrenchment compensation. A perusal of the impugned award Annexure P-2 reveal that both the parties i.e. workman and the management had been proceeded ex parte. It has been stated in application Annexure P-3 preferred before the Labour Court for setting aside ex parte award that representative of the workman had shifted to Delhi and, therefore, there is no fault of the petitioner-workman. We are of the view that the matter ought to have been adjudicated on merits and opportunity should have been provided to the parties to lead their evidence. Accordingly, we set aside the impugned award Annexure P-2 and order Annexure P-4 whereby application Annexure P-3 preferred by the petitioner-workman for recalling the ex parte award was dismissed and direct the parties to appear before the Labour Court on 17.11.2008. Consequently, the petition petition is accepted. ( HEMANT GUPTA ) ( KANWALJIT SINGH AHLUWALIA ) JUDGE JUDGE September 03, 2008. RC