IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.3287 of 2010 Date of Decision:- 26.05.2010 M/s. Towards New Directions ....Petitioner(s) vs. The Presiding Officer, Labour Court-cum- Industrial Tribunal-I, Gurgaon and another ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.V.G.Dogra, Advocate, for the petitioner. *** AUGUSTINE GEORGE MASIH, J. (Oral) Prayer in the present writ petition is for quashing of the ex parte Award dated 6.5.2005 published on 13.10.2005 (Annexure P-1) and the order dated 18.12.2009 (Annexure P-6) passed by the Industrial Tribunal- cum-Labour Court-I, Gurgaon, vide which the application for setting aside the ex parte award has been dismissed. Counsel for the petitioner contends that at the very outset, when the demand notice was submitted by the workman, the name of the petitioner was given wrongly by the workman which resulted in making a reference where again the similar name of the petitioner-firm was mentioned. As the name of the firm was wrongly given, no service could be effected on the petitioner and, therefore, the petitioner-firm having not been served, did not appear before the Labour Court resulting in initiation of ex parte proceedings and the passing of the ex parte Award dated 6.5.2005 (Annexure P-1). On receipt of a telephonic information from the C.W.P.No.3287 of 2010 -2- Department of Labour, the petitioner moved an application on 11.11.2005 before the Labour Court for setting aside of the ex parte proceedings within 30 days from the date of publication of the Award which was made on 13.10.2005. The Labour Court has not appreciated the aspect that all through the name of the petitioner firm was wrongly given as M/s Directions whereas its name is M/s. Towards New Directions. There is nothing on record to suggest that the service was effected on the petitioner before the Labour Court and, therefore, the ex parte Award and the order dated 6.5.2005 cannot be sustained. His further contention is that the learned Labour Court has failed to appreciate the fact that the application moved by the petitioner was fully justified and it ought to have given an opportunity to the petitioner-firm to contest the claim of the respondent- workman on merits but instead, has rejected the application on the grounds which are not justifiable. He, on this basis, prays that the present writ petition may be allowed. On 24.2.2010, notice of motion was issued in this case for 20.4.2010. The Registry had reported that respondent No.2 had been duly served but when no one put in appearance on behalf of workman- respondent No.2, he was proceeded against ex parte vide order dated 20.4.2010 and the case was adjourned for arguments for 26.5.2010 i.e. today. Respondent No.2-workman has chosen not to appear before this Court nor has any one put in appearance on his behalf. I have heard counsel for the petitioner and have gone through the records of the case. The factual position with regard to the name of the C.W.P.No.3287 of 2010 -3- petitioner-firm being M/s. Towards New Directions has not been disputed. The documents which have been placed on record clearly indicate that the petitioner firm is known by this name. The learned Labour Court while considering the application of the petitioner-firm for setting aside the ex parte award, has clearly proceeded on assumption of service that the notice was issued to the petitioner through registered post and since it was not received back within 30 days, the service was presumed to have been effected on it. The fact remains that the name of the petitioner-firm was wrongly given by respondent No2-workman firstly in the demand notice and thereafter in the reference also, the same very name stood reflected. The Labour Court had issued notice on the M/s Directions which actually is not the name of the petitioner-firm and accordingly, it is clear that they were not served during the proceedings before the Labour Court. In view of the above, the present writ petition is allowed; impugned Award dated 6.5.2005 (Annexure P-1) and the order dated 18.12.2009 (Annexure P-6) passed by the Industrial Tribunal-cum-Labour Court-I, Gurgaon, are hereby set aside. The petitioner is directed to appear before the Labour Court on 22.7.2010. The Labour Court shall proceed to decide the case in accordance with law. May 26, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE