IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.19147 of 2006 DATE OF DECISION: May 30, 2008 M/S AMLOH JANTA TRUCK OPERATORS UNION, ...PETITIONER AMLOH, NABHA ROAD, THROUGH SHRI RANJIT SINGH, MEMBER VERSUS PRESIDING OFFICER, LABOUR COURT, ...RESPONDENTS PATIALA AND ANOTHER CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. PRESENT: MR. R.S. SHARMA, ADVOCATE FOR THE PETITIONER. MR. GURDIP SINGH, ADVOCATE FOR RESPONDENT NO.2. ASHUTOSH MOHUNTA, J.(ORAL) Counsel for the petitioner states that the petitioner has complied with the order dated February 19, 2008 and has paid the entire dues in terms of Section 17(b) of the Industrial Disputes Act to the respondent-workman. Learned counsel prays that as the petitioner was proceeded against ex-parte, therefore, the ex-parte award be set aside. We have perused the impugned award passed by the Labour Court and are of the considered opinion that this case deserves to be decided on merits. Resultantly, we set aside the impugned award (Annexure P-6) dated 10.5.2005, passed by the Labour Court, Patiala and remand the case back to the Labour Court, Patiala for decision on merits. The parties shall appear before the Labour Court, Patiala on 10.7.2008. CWP No.19147 of 2006 -2- The Labour Court is directed to give both the parties adequate opportunities to lead their evidence and decide the case within a period of six months from the date of receipt of certified copy of this order. The petitioner shall, however, pay a cost of Rs.5000/- to the respondent-workman on the fist date when they put in appearance before the Labour Court. (ASHUTOSH MOHUNTA) JUDGE May 30, 2008 (KANWALJIT SINGH AHLUWALIA) Gulati JUDGE