JUDGMENT 1. - Heard learned counsel for the parties. 2. By this writ petition, the petitioner has challenged the exparte award dated 15.2.2004 and the order dated 18.4.2006, whereby application filed by the petitioner for setting aside the exparte award was rejected. 3. The application for setting aside of the ex-parte award was based on the premise that original claim was filed against Sukhadia Univbfsity, Udaipur and Rajasthan Agriculture. University, Bikaner and subsequently when Maharana Pratap Agriculture University, Udaipur was established, it was added as respondent No. 3 before the Labour Court. 4. When the notice of the claim petition was received by the petitioner-University, it authorised the Registrar of the Rajasthan Agriculture University, Bikaner to also contest the case on their behalf and a communication dated 20.6.2000 to this effect was written to him by Deputy Secretary of the Government. A copy of the communication dated 20.6.2000 has been placed on record which states that under section 46 of the Agriculture University, Udaipur Act, 2000, all suits or proceedings against the new university shall be defended by the old University. Cases already pending in different courts were not instituted against petitioner- University. It appears that the Rajasthan Agriculture University, Bikaner was duly represented before the Labour Court through its Advocate but no such instructions were pleaded by their counsel before the Labour Court when the ex-parte award was passed on 15.2.2004. Thus, the matter was decided ex-parte against the petitioner as it could not defend itself. 5. Facts of the case indicate that respondent No. 2 was appointed on 28.2.1979 on the post of Agriculture Supervisor and was removed from 20.5.1981 since he failed to qualify in, the regular selection. Though the petitioner obviously could not properly defend its case before the Labour Court, it is always appropriate that the case is decided on merits rather than being decided against statutory University like petitioner for default. 6. Having regard to the facts and circumstances of the case, the order passed by the learned Labour Court dated 15.2.2004 refusing to set aside the ex-parte award is liable to be set aside. Accordingly, the award dated 18.4.2006 is set aside. The matter is remanded back to the Labour Court, Bikaner for deciding it afresh within six months from the date of receipt/production of certified copy of this order. Accordingly, the award dated 18.4.2006 is set aside. The matter is remanded back to the Labour Court, Bikaner for deciding it afresh within six months from the date of receipt/production of certified copy of this order. The Labour Court may not grant necessary adjournment to any of the parties except when it is absolutely necessary so to do. The petitioner shall pay respondent No. 2 Shyam Singh. a sum of Rs. 1000/- as costs before the Labour Court. *******