THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED WRIT PETITION No.2583 of 2000 ORDER: This writ petition is filed seeking to issue a writ of Certiorari calling for the records in relation to order, dated 15.11.1999, passed in M.P.No.25 of 1999 on the file of the Labour Court-I, Hyderabad and to quash the said order. The facts necessary for disposal of this writ petition are that in the petition filed by the first respondent herein under Section 33-C (2) of the Industrial Disputes Act seeking payment of Rs.29,999.40 paise towards the gratuity and lumpsum amount of ex gratia, the petitioner herein was set ex parte. The petitioner contended that subsequently, the petition in I.A.No.239 of 1999 filed seeking to set aside the ex parte order was also dismissed by the Labour Court by the order, dated 07.02.2000, without assigning any reasons. Hence, the present writ petition. Learned counsel appearing for the petitioner vehemently contended that the Labour Court without giving any opportunity to the petitioner to place his case as regards the reasons for the absence on 15.11.1999 in M.P.No.25 of 1999 on its file, dismissed the application filed by it seeking to set aside the ex parte order, dated 15.11.1999, without assigning any reasons. Having regard to the facts and circumstances of the case and also as the maintainability to the said claim petition itself was raised by the writ petitioner before the Labour Court, I am of the opinion that an opportunity be given to the petitioner to put forth its case instead of deciding the same ex parte. In the result, the writ petition is allowed and the order, dated 07.02.2000 passed in I.A.No.239 of 1999 on the file of the Labour Court-I, Hyderabad is set aside and the said I.A. is allowed and consequently, M.P.No.25 of 1999 is restored to its file. The Labour Court is directed to dispose of the said M.P., after giving notice and opportunity of being heard to both the parties, in accordance with law. However, there shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED 02nd December 2010 DR