Recall application rejection in state act while the reference made in central act
anil verma (registeronlyfree)
(Querist) 22 August 2011
This query is : Resolved
The employer had filed recall application against the ex- parte award of the labour court without mentioning the act under which the recall application had been filed not by the party but by the authorized representative of the company simple plain paper without affidavit and without delay condone application after 30 days of publication.
However it is pertinent to mention here that the award is not ex-parte as the company has filed w/s, rejoinder affidavit, refused to file documents ad absented itself deliberately in management witness and arguments. It has also filed various interlocutory applications/ objections rejected before passing award under the direction of high court to decide the issue at earliest.
Now challenging before the writ court the award, the recall application which was rejected under the state act while the reference order is in the central act.
Is this issue will have any serious implication in the writ court?
How this issue should be argued before the writ court?
Is there any ruling in support of submission.
Let me know.
Guest
(Expert) 04 September 2011
Dear Anil,
Your query has already been replied. However, the same is repeated below also.
Ex-parte does not have any relation to submission of documents by any party, but non-appearance during hearings and the proceedings would have been one-sided only.
If the employer has filed recall application, he has to justify his stand against the basis of the judgment, if he has any solid reason.
