CWP No.15337 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.15337 of 2007 DATE OF DECISION: March 31, 2008 M/S RIDHIMA OVERSEAS PVT. LTD. ...PETITIONER VERSUS PO LABOUR COURT AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. PRESENT: MR. ASSEM RAI, ADVOCATE FOR THE PETITIONER. MR. PANKAJ JAIN, ADVCOATE FOR RESPONDENT NO.2. ASHUTOSH MOHUNTA, J.(ORAL) The petitioners are aggrieved by the ex-parte award (Annexure P-1) passed by the Industrial Tribunal-cum-Labour Court-I, Gurgaon vide which the termination of the services of respondent No.2 were held to be unjustified and she was held entitled to reinstatement with continuity of service and full back wages. Counsel for the petitioner submits that as the petitioners were never served, therefore, they could not appear before the Labour Court. After hearing counsel for the parties, we are of the considered opinion that the matter required to be decided on merits. Accordingly, we set aside the order (Annexure P-1) and remand the case back to the Labour Court, Gurgaon to decide the case afresh on merits after affording the respective parties ample opportunity of leading their evidence. The parties shall appear before the Labour Court, Gurgaon on 1.5.2008. CWP No.15337 of 2007 -2- The petitioner shall, however, pay costs of Rs.10,000/- to respondent No.2 on the first day of hearing before the Labour Court. The petitioner is permitted to withdraw the amount deposited in this Court. (ASHUTOSH MOHUNTA) JUDGE March 31, 2008 (KANWALJIT SINGH AHLUWALIA) Gulati JUDGE