Summary
An ex parte industrial award concerning petrol-pump workers’ demands was set aside so that both sides could contest the reference. The employer association had shown sufficient cause for its absence and lack of knowledge from inception, rather than abandoning proceedings after appearing. Substantial justice required a hearing on merits. The High Court orders and award were set aside and the reference remanded with liberty to plead, produce documents and lead evidence.
Issues
- Whether the employer association should be given an opportunity to contest the industrial reference decided ex parte.
Held
- The association had shown sufficient cause for its absence and had no opportunity to contest from inception because it lacked knowledge of the proceedings. This was not a case of appearing and then ceasing to participate, and no recognized exception justified denying it a merits hearing. (¶ 8–9)
- Both parties could amend their statements, file documents and lead oral evidence; the association could file its written statement. The Tribunal was to determine the reference independently within six months of their appearance. (¶ 10–12)
Result
Appeals allowed; Division Bench and Single Judge orders and the ex parte award set aside. Reference remanded to Industrial Tribunal, Kota; parties directed to appear on 5 March 2019.