Ex Parte Labour Award Set Aside Due to Bereavement | HC

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  • Last Updated on 19 December, 2025

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bereavement industrial dispute

Case Details: Karaikal Co-op Milk Supply Society vs. V. Ramakrishnan [2025] 181 taxmann.com 203 (HC-Madras)

Judiciary and Counsel Details

  • Dr A.D. Maria Clete, J.
  • Ms S. Janani, T. Sai Krishnan & L. Poovendra Perumal, Advs. for the Petitioner.
  • Xavier Felix & Ms A. Kamachi, Advs. for the Respondent.

Facts of the Case

In the instant case, the Respondent-workman raised an industrial dispute against the petitioner management seeking proper accounts of the gratuity, subsistence allowance from 11.05.2001 till retirement, and the retirement benefits.

The Industrial Tribunal-cum-Labour Court registered the dispute and issued the notice. When a case was listed for filing the counter, the petitioner’s counsel did not appear due to the bereavement of a close relative.

Thereafter, the Tribunal set the management ex parte and recorded the workman’s evidence. An ex parte award partly allowed the claim by directing the management to give a proper accounts regarding the gratuity and to pay the outstanding gratuity, subsistence allowance from 11.05.2001 till retirement, and retirement benefits.

Then, the management filed an application to set aside the ex parte award. The Tribunal dismissed the said application on the ground that the management had failed to appear on three earlier hearings and also on 03.05.2018 when the matter was posted for the ex parte evidence. That application to set aside the ex parte award had been filed after a delay of about one year and six months without a satisfactory explanation.

High Court Held

The High Court observed that, where, in the main industrial dispute, the management’s counsel was absent due to the bereavement of a close relative, and the Tribunal proceeded to set the management ex parte, the Tribunal could have granted the management one more opportunity.

The High Court held that the order of the Tribunal dismissing the application to set aside the ex parte award was to be set aside and the matter was to be remitted to the Tribunal for fresh disposal.

List of Cases Referred to

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Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied