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Mayur   16 January 2016

Can an ex parte award be set aside

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 ?

 



Learning

 5 Replies


(Guest)
your detail not clear

(Guest)

your detail not clear

Mayur   16 January 2016

 

in this case the party was not aware of the section 36(3) of  ID Act 1947 which prohibits the parties to be represented by legal practitioner in conciliation proceedings, and by mistake the party in here engaged a legal practitioner to represent them. On the day of hearing the legal practitioner  went to represent the party but court didn't allowed him to repersent as it is prohibited, and awarded ex parte for non appearance to the party without giving them opportunity of to be heard.

Sir my question is that can this negligence on part of party be constitutes sufficient  cause  for setting aside the ex parte award and give them opportunity of to be heard.

 

 


(Guest)

Such stupid ex parte orders, have no value and will be set aside by hjigher appellate court. Too much hurry was shown by labor court. In Indian courts even for family dspute cases 6-7-10 opportunities are given to woman to appear before court.

Kumar Doab (FIN)     16 January 2016

Apparently the matter was before ALC-Central.

If the concilliation officer referred the matter after one and only one hearing then it seems to be against SOP.

The ALCC must have have issued and supplied notice thru post and Redg. Post

If the legal practitioner was not allowed then party (if workman) could have appeared thru Union or in person.

 

Who has passed the order ALCC or CGIT.

 

 

 


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