VidhiSangh

Supreme Court of India · 04/12/2018

SRI MAHABIR PROSAD CHOUDHARY versus M/S. OCTAVIUS TEA AND INDUSTRIES LTD. AND ANR.

[2018] 14 S.C.R. 1022 · 2018 INSC 1145

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld setting aside an ex parte reinstatement award and directing fresh adjudication. The Tribunal failed to fix and intimate the time for serving the workman’s written statement on the company as required by Rule 20B(5). Expiry of thirty days after publication did not by itself remove the power to recall the award. Rule 21 did not invariably require a further notice before proceeding ex parte, but that did not cure the separate service breach.

Issues

  1. Whether publication of the award more than thirty days earlier barred recall.
  2. Whether the Tribunal complied with mandatory service of the written statement.
  3. Whether Rule 21 required a further notice before proceeding ex parte.

Provisions considered

Held

Result

Appeal dismissed; High Court’s order setting aside the ex parte award and directing fresh adjudication upheld. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1022.