Can an Ex Parte award be set aside after it becomes enforceable, by the Labour court on the grounds of sufficient cause for non-appearance of the party?
Cause for non-appearance of the party in this case is that the party was inappropiately represented by legal practitioner in the conciliation proceeding, and the labour court didn't allowed the legal practitioner for appearing on behalf of the party as it was against section 36(3) of Industrial Dispute Act 1947. And court gave an ex parte award and no oppurtunity was given to party for appearance.
Can the reason in here for non-appearance can be constituted as sufficient cause ?