Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1800 OF 2007
BHAGYODAY COOP. BANK LTD. ...APPELLANT
VERSUS
NATVARLAL K. PATEL ...RESPONDENT
O R D E R
While issuing notice at the special leave
nd
petition stage, this court on 2 May, 2005 passed the
following order:
“Exemption allowed.
Issue notice in the special leave petition
as to why the matter should not be remanded
to the industrial court.”
th
On 30 March, 2007, this court passed the
following order:
“Though served nobody appears on behalf of
the respondent.
Leave granted.”
Having heard learned counsel for the parties and
on perusal of the impugned order, it would be clear that
the appellant was not heard by the High Court while
entertaining the writ petition. In paragraph 5 of the
impugned order, the High Court has observed as follows:
“It is true that the Appellate order passed
by the Industrial Tribunal was an ex-parte
order, inasmuch as that the learned Advocate
for the petitioner had not remained present,
may be for justifiable reasons.”
2
In that view of the matter, we find that the
liberty must be given to the appellant to contest the
appeal before the Industrial Tribunal. That being the
position, we set aside the impugned order of the High Court
as well as that of the Industrial Tribunal and the matter
is sent back to the Industrial Tribunal with a direction to
decide it in accordance with law. It is expected that the
matter will be decided by the Industrial Tribunal within a
period of six months from the date of supply of a copy of
this order to it. In the meantime, the appellant is
directed to pay a sum of Rs.1,00,000/- (Rupees One Lakh
only) to the respondent within a period of one month from
this date, in default of which the order passed by High
Court shall stand restored.
The appeal is disposed of accordingly with no
order as to costs.
.......................J.
(TARUN CHATTERJEE)
.......................J.
(SURINDER SINGH NIJJAR)
NEW DELHI,
DECEMBER 15, 2007.