ORAL JUDGMENT: 1. Rule. Rule is made returnable forthwith and heard by consent. 2. The petitioner herein is challenging the Judgment and order passed by the Industrial Court, declining to set aside the exparte Judgment and also prays for setting aside the exparte Judgment dated 29th September, 2006. 3. The fact that the Advocate engaged by the petitioner attended first date and the matter was not attended thereafter, is not the matter in dispute. 4. By the Judgment and order dated 29th September, 2006, the Industrial Court has granted the relief of permanency with wages from 27.02.1996. 5. The status of petitioner that it is a statutory body and matters of recruitment, permanency and absorption etc., are depending upon the availability of vacancy and observance of recruitment and absorption procedure. All these material aspects have not come before the lower court due to the fault on the part of the employer-Zilla Parishad or it’s Advocate. While on one hand, the Industrial court would be within it’s jurisdiction to proceed exparte, at the same time, the matters, such as the very fact of availability of vacancy, can not be lost sight of. 6. All these factual matters remained away from the record of the court due to improper prosecution of the case. 7. The interest of justice, therefore, demands that the exparte Judgment and order be set aside, by allowing the application for setting aside the exparte Judgment and order and the complaint be remanded to the Industrial Court, Jalna, for hearing and disposal according to law and the petitioner, be put to conditions. 8. This court, therefore, makes rule absolute in the following terms:- i) The order dated 21st September, 2007 passed in Misc. Application No.1/2007 and dated 29th September, 2006 passed in Complaint(ULP) No.32/2005, by the Industrial Court, Jalna, are set aside. ii) The complaint (ULP) No.32/2005, is remanded for hearing and disposal according to law. iii) The petitioners shall pay to the respondent by way of costs towards each of the three cases namely- (i) Complaint (ULP) No.32/2005, (ii) Misc.Application No.1/2007 and (iii) present Writ Petition No.7414/2007, quantified at Rs.10,000/- (Rs.Ten Thousand only). Payment of the said amount of costs, be made by demand draft drawn in the name of the respondent employee, within thirty days, from today and produce the acknowledgement thereof, before the Industrial Court, Jalna. Payment of the said amount of costs, be made by demand draft drawn in the name of the respondent employee, within thirty days, from today and produce the acknowledgement thereof, before the Industrial Court, Jalna. iv) Parties shall appear before the Industrial Court on 10th March, 2008, on which date the petitioners herein, shall also file written statement and all documents relied upon and will not delay the hearing. v) The Industrial Court, shall hear and decide the complaint within a period of six months thereafter.