09 June, 2010

Ex parte award passed on presumption that summons were sent by registered post must have been received, can be set aside

Contributed by Abhinav Kaushik Advocate
Volunteer Legal Point Foundation
The Workman raised an industrial dispute against Modi sugar mills, the mill referred the matter to the labour court II, Ghaziabad.
The summons were sent to the petitioner mill by a regd. post and the same was not returned after serving and acknowledgement due was received.
The labour court presumed the service of summons was sufficient.
The petitioner mill challenged the ex-parte award in HIgh court.
The High court opined that the award passed by labour court was not sustainable in law and is hereby quashed.
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