Ex parte case

raju (Querist) 16 January 2026 This query is : Resolved
If the case by labour court is exparte as the management didn't appear inspite of service served properly and now wants to set aside exparte can worker give application for compensation.

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If a Labour Court case goes 'ex parte' because the management failed to appear despite proper notification, the worker can indeed apply for compensation. The management can apply to set aside the ex parte order or award by providing sufficient reasons for their absence. However, the worker can object to this application, and the court may impose costs on the management to compensate the worker for any delays or suffering caused.

kavksatyanarayana (Expert) 16 January 2026
Yes, if a Labour Court proceeds ex parte, the employee can absolutely ask for compensation, applying to the Labour Court within a set time.

Dr. J C Vashista (Expert) 17 January 2026
What is your locus standi to the subject matter i.e., workman / management / counsel for either of the parties or time pass ?

T. Kalaiselvan, Advocate (Expert) 17 January 2026
The employee approached the labour court for relief.
If the employer chose not to appear then the exparte orders can be executed as per provisions of law.

Advocate Bhartesh goyal (Expert) 17 January 2026
Yes, management can file application for settings aside ex-parte order or can evan file application for setting aside ex-parte Award by showing sufficient reason for their absence.

raju (Querist) 17 January 2026
The management intentionally, willfully and deliberately didn't appear and now just to delay the court process wants to set aside the order of exparte and in all this the workman has to suffer. Can labour court allow compensation to workman.

Advocate Bhartesh goyal (Expert) 17 January 2026
Yes , workman should raise objections if management file application for setting aside ex-parye order, court may impose cost on him to compensate workman.

P. Venu (Expert) 20 January 2026
The workman can object the very application for setting aside the ex-parte order? As such, what is the relevance of seeking compensation?

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