Civil Writ Petition No. 6645 of 2006 1 In the High Court of Punjab and Haryana, Chandigarh. Civil Writ Petition No. 6645 of 2006 Date of Decision: 9.4.2008 Blood Bank Organization … Petitioner Versus Presiding Officer, Industrial Tribunal-cum-Labour Court, Rohtak and Another. …Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON’BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. N.D.Kalra, Advocate for the petitioner. Mr. Tejinder Joshi, Advocate for respondent No.2-Workman Ashutosh Mohunta, J. (Oral) The petitioner has impugned the ex-parte award passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court, Rohtak dated 15.12.2000 (Annexure P2). Learned counsel for the petitioner submits that although the petitioner had engaged a lawyer to defend it before the Labour Court but its counsel did not appear on the date when the case was fixed. Learned counsel for the petitioner further stated that Mr. Umesh Singh, Civil Writ Petition No. 6645 of 2006 2 Advocate, used to come from Delhi to appear before the Labour Court at Rohtak but on 23.7.1998, which was the date fixed before the Labour Court, learned counsel did not appear. Learned counsel for the petitioner also submits that non-appearance of its counsel in the Labour Court was inadvertent and was not deliberate. After hearing learned counsel for the parties, we are satisfied that although the petitioner had engaged a counsel to defend its case before the Labour Court but because of fault on the part of learned counsel, the petitioner was proceeded against ex-parte. In view of above, we set aside the impugned award (Annexure P2) and order dated 8.2.2006 (Annexure P15) and remand the case back to the successor Court i.e. Labour Court, Bhiwani, for taking a decision afresh on the merits of the case. The parties are directed to appear before the Labour Court at Bhiwani on 10.5.2008. The petitioner shall, however, pay a cost of Rs.10,000/- to Rajbir Sharma, respondent No.2-workman. The petitioner may raise all the points as raised in this writ petition before the Labour Court. The Labour Court is directed to decide the matter expeditiously preferably within one year from today. The writ petition stands disposed off. (Ashutosh Mohunta) Judge (Kanwaljit Singh Ahluwalia) Judge April 9, 2008 “DK”