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2005 DIGILAW 1220 (RAJ)

Executive Officer, Municipal Board v. Lalaram

2005-04-26

MANAK MOHTA

body2005
Judgment N.N. Mathur, J.-We have heard learned Counsel for the parties and perused the order of the leaned Single Judge dated 05.01.2004. 2. The learned Labour Court by ex parte award dated 22.01.2003 directed to reinstate the respondent in service and to pay 40% back-wages w.e.f. the date of reference dated 21st April, 2001. The learned Single Judge dismissed the writ petition on the ground that appellant failed to point out any good reason for non-appearance before the labour Court. 3. It is submitted by the learned Counsel that in fact the tenders were invited from the persons interested for lifting garbage, sand etc., or for filing the trolleys. The respondent was given the contract for lifting the garbage in fact he was never employed in the services of the appellant Municipal Board, Nawa. It is also submitted that at the time when the case was under adjudication before the labour Court, the officer in-charge appointed by the appellant was engaged in the programme of the Government known as "Prashasan Shahron Ki Aur". It is also been brought to our notice that an application filed for setting aside the ex parte award has been rejected by the order of the labour Court dated 26.05.2004. 4. Considering, all the facts and circumstances of the case, we are of the view that it is expedient in the interest of justice to allow the appellant to present their case before the labour Court, of course, of payment of cost. 5. Consequently, the special appeal is allowed. The order of the learned Single Judge dated 05.01.2004 is set aside. The award of the learned Labour Court, Jodhpur dated 22.01.2003 is set aside on payment of cost of Rs. 10,000/-. While fixing the cost we have taken into consideration that the respondent had to engage a lawyer before the learned Single Judge as well as before us. He must have spent substantial amount in litigation. The parties shall appear before the labour Court on 16.05.2005. In case the amount of cost is not paid or tendered to the respondent workman on or before 16.05.2005 the instant order reviving the reference shall stand vacated.