THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.3226 of 2007 ORDER: Respondent No.1 filed I.D.No.93 of 2004 before the Industrial Tribunal-cum-Labour Court, Visakhapatnam against the petitioner and respondent Nos.2 to 4 under Section 2-A (2) of the Industrial Disputes Act complaining that he has been illegally terminated from the employment on 01.12.2003. A n ex parte award was passed on 26.10.2006. The petitioner filed I.A.No.186 of 2006 under Order 9 Rule 13 C.P.C. with a prayer to set aside the ex parte award. The Labour Court passed an order, dated 09.01.2007, allowing the I.A., but imposing a condition that the petitioner shall deposit the back wages from the date of petition till the date of deposit, at the rate of Rs.1800/- per month. The petitioner feels aggrieved by the condition and has filed this writ petition. Heard the learned counsel for the petitioner, the learned counsel for respondent No.1 and the learned Government Pleader for Labour for respondent No.2. The Labour Court was satisfied with the reasons mentioned by the petitioner for not being present when the I.D. was taken up and accordingly, the ex parte award, dated 26.10.2006, was set aside. The condition imposed by the Labour Court is not only onerous, but also proceeds on the assumption that there was an unlawful termination of respondent No.1 and that an obligation has arisen for the petitioner to pay back wages. Such a direction, if at all, can be issued only when the matter is decided finally on the basis of the evidence on record. This Court is of the view that ends of justice would be met if a sum of Rs.1,500/- is awarded as costs payable to respondent No.1 as a condition for setting aside the ex parte order. Therefore, the writ petition is allowed and the condition imposed by the Labour Court as to deposit of back wages at the rate of Rs.1800/- per month from the date of filing of I.A. is substituted with the condition that the petitioner shall pay a sum of Rs.1500/- (Rupees fifteen hundred only) to respondent No.1 within a period of two (2) weeks from today. Since the I.D. is of the year 2004, the Labour Court shall endeavour to dispose of the same on merits, within three months from the date of receipt of a copy of this order. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.29.09.2011. kdl