Remanded

H.P.State Forest Development Corporation v. Prem Singh

Himachal Pradesh HC5 Oct 2010CWP/4918/2010

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh set aside an Industrial Tribunal award passed via ex parte proceedings. The Court held that a 30-day period to set aside the ex parte order must have been observed before passing the award, without examining the merits of the dispute.

What did the court decide?

Impugned Award dated 1.6.2010 in Reference No. 52 of 2008 set aside and matter remanded to the Industrial Tribunal-cum-Labour Court.

H.P.State Forest Development… — Labour and Industrial Disputes | Himachal Pradesh HC (2010)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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CWP No. 4918 of 2010.

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Decided on: 5^th October, 2010.

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HP State Forest Dev. Corpn.

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.….. Petitioner.

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Versus

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Prem Singh. …. …Respondent.

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Coram

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The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh, Judge.

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For the petitioner : Mr. B.M. Chauhan, Advocate.

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For the Respondents : Mr. P.P. Chauhan, Advocate.

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Justice Kurian Joseph, C.J. (Oral)

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The Award dated 1.6.2010 in Reference No. 52 of 2008 passed by the Industrial Tribunal-cum-Labour Court is under challenge. In the nature of the order, we propose to pass in this case, it is not necessary for us to go into the merits of the case. It is seen that the petitioner, who is the respondent in the Reference Petition was set ex parte by the Labour Court on 13.5.2010 and within another around two weeks, the Award itself was passed on 1.6.2010. According to the petitioner, an opportunity should have been given to file a petition to set aside the ex parte order and 30 days’ time was there to take recourse to such a course of action. We find force in the submissions. The petitioner was set ex parte on 13.5.2010 and before waiting at least for a period of 30 days, so as to give time to the petitioner to take recourse to the permissible course of action for filing a petition for setting aside the ex parte, the Award should not have been passed. In that view of the

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matter, without expressing any opinion on merits of the case, we set aside the impugned Award dated 1.6.2010 passed in Reference No. 52 of 2008 on the file of the Industrial Tribunal-cum-Labour Court, Shimla. The matter is remitted to the Industrial Tribunalcum-Labour Court, Shimla. In the event of the petitioner filing an application for setting aside ex parte within a period of 10 days from today, the same shall be treated to have been filed in time. Thereafter, the Industrial Tribunal-cum-Labour Court shall consider that application and pass appropriate orders in accordance with law. Only after taking a decision in the application, the matter shall be considered on merits. In any event, we make it clear that being a Reference of 2008, the Reference shall be finally disposed of within three months.

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The writ petition is disposed of, so also the pending applications, if any.

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Dasti copy.

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(Justice Kurian Joseph), Chief Justice

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5^th October, 2010 (tr)

H.P.State Forest Development Corporation v. Prem Singh

Case brief

What is this about?

What did the court decide?

H.P.State Forest Development Corporation v. Prem Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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