1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.8265 of 2007 Shri Ajit Shiraj Jamadar Petitioner Vs. Hotel International Respondent Mr.Amit Borkar for petitioner. Mr.M.S.Topkar for respondent. CORAM: B.H.MARLAPALLE, J. January 18, 2008 P.C. . Heard Mr.Borkar, the learned counsel for the petitioner and Mr.Topkar, the learned counsel for the respondent - hotel. Reference (IDA) Nos.52 and 60 of 1993 came to be decided by a common order passed by the learned Presiding Officer, Labour Court at Kolhapur on 22/10/2005. Both the workmen were directed to be reinstated by the hotel with continuity of service and payment of 50 per cent backwages. Two separate Misc. Applications were filed before the Labour Court for setting aside the 2 common order and by the impugned order dated 9/8/2007 the Labour Court allowed the Misc. Applications, set aside the ex-parte award and restored the References to its file by imposing cost of Rs.300/- against the employer-applicant. The employees are aggrieved by this order of setting aside the award and restoring the References and hence this petition. . Certified copy of the Roznama has been placed on record and the Reference of 1993 got inordinately delayed for the reasons attributable to both the parties. Almost eleven years later the workmen filed their affidavits in terms of examination-in-chief and inspite of repeated adjournments the employer’s Advocate did not take steps to cross-examine the workmen. The Reference was shown as part heard for evidence upto 29/7/2005 and on majority of the dates the Advocate of the first party - employer was absent and the Advocate for the second party requested to proceed for arguments. On 3/9/2005 the Labour Court gave one more chance to the employer and the employer as well as his Advocated remained absent on that date. Consequently on 29/9/2005 the learned Advocate for the second party completed his arguments when none represented the first party. On 22/10/2005 the 3 award was pronounced by the Labour Court when the Advocate of the first party was present and he did not seek leave of the Court to either lead evidence or to argue in reply to the arguments already advanced on behalf of the second party. It seems he was present only to listen to the award. Mr.Borkar states that when the Advocate of the first party - employer was present when the award was pronounced, it could not stated that the award passed was ex-parte and, therefore, he there would be no reason to restore the said award on an application made by the employer. Mr.Topkar, the learned counsel for the employer states that in any case the award has been set aside by treating it to be an ex-parte award and he further submitted on instructions that the employer would undertake to complete recording of evidence, including cross-examination of the second party workmen, as per the time schedule fixed by this Court so that a fresh award on merits, after hearing both the parties, could be passed within such limited period and this course proposed would not cause prejudice to any of the parties. Mr.Borkar states that the employer would not examine more than two witnesses and before that the respondents-workmen will be cross-examined on the affidavits submitted by 4 them by way of examination-in-chief. Mr.Topkar also submitted that he would be bound by the terms imposed by this Court. . Hence the petition is disposed off in terms of the following directions: (a) The first party - employer shall cross-examine the second party - workmen on the affidavit by way of examination-in-chief and complete the same on 6th February 2008. (b) The recording of evidence (examination-in- chief as well as cross-examination) of not more than two witnesses of the first party - employer shall be completed on or before 22nd February 2008. (c) The Labour Court to pronounce the fresh award before 19th March 2008. (d) By way of costs the employer would pay an amount of Rs.5,000/- to each of the two workmen and this amount shall be paid to the workmen before 6th February 2008. 5 (e) Parties to appear before the Labour Court on 29th January 2008 and get the Reference fixed for the cross-examination of the workmen on 6th February 2008. (B.H.MARL