6.The learned counsel would draw the attention of this Court to the proceedings that preceded the date of the award i.e. 11.09.2018. The details of the Daily Status maintained by the Labour Court as could be seen are that the I.D.was posted for enquiry on 30.07.2018. On that date, both parties were absent and the same was adjourned to 09.08.2018. On 09.08.2018, at the request of the petitioner counsel, time was extended till 24.08.2018. On 24.08.2018, the petitioner was present, proof affidavit was filed. The respondent was absent. W1 to W21 exhibits were marked. For cross-examination, the I.D. was adjourned to 31.08.2018. On 31.08.2018, the petitioner was present, the respondent was absent. Again time was extended till 05.09.2018. Once again on 05.09.2018, the petitioner was present and the respondent was not present and therefore, the Labour Court set the Management ex-parte and evidence was closed and posted for orders on 11.09.2018. Ultimately, on 11.09.2018, the award was passed without hearing the petitioner side. The Daily Status did not mention about the appearance of petitioner or his counsel. In view of the above, the learned counsel would urge this Court that the matter may be remanded back for fresh consideration after giving opportunity to the petitioner, since the award passed by the Labour Court is unsustainable, as the petitioner has been denied due and reasonable opportunity. The Labour Court has committed a grave error in passing the award without hearing the petitioner, particularly when he was diligently prosecuting the case on all the earlier date of hearings.
