Ex Parte Labour Award Set Aside Due to Bereavement | HC

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

• Haryana Suraj Malting Ltd. v. Phool Chand [2018] 5 taxmann.com 755 (SC) (para 15)
• United Labour Federation v. Presiding Officer MANU/TN/3968/2023 (para 16)
• Management of Murali Enterprises v. Presiding Officer MANU/TN/8171/2021 (para 17)
• State of Punjab v. Labour Court, Jullundur 1979 taxmann.com 441 (SC) (para 18).