In support of his prayer for adjournment, the companynsel produced a telegram, but the Tribunal refused to grant any further adjournment and proceeded to make an ex parte award.
The appellant challenged the order passed by the Tribunal setting aside the ex parte award but the High Court declined to interfere.
Appeal by Special Leave from the Judgment and Order dated 25 7 1979 of the Calcutta High Court in Appeal No.
3, the Commercial establishments Employees Association, representing respondents Nos.
5 to 17 were employed as drivers by the officers of the appellant and were number the employees of the appellant and, therefore, they were number entitled to the benefits enjoyed by the drivers employed by the appellant.
On December 9, 1976 companynsel appearing on behalf of respondent No.
5 to 17, sought an adjournment on the ground that the General Secretary of the Association had suffered a bereavement as his father had died on November 25, 1976, and, therefore, he had to leave to perform the shradhha ceremony falling on December 9, 1976.
Eventually, the hearing of the reference was fixed for December 9, 1976.
B. Pai, Mrs. Rashmi Dhariwal, Miss Bina Gupta, Mr. Praveen Kumar and J.R. Das for the Appellant.
3, acting for respondents Nos.
On January 19, 1977, respondent No.
5 to 17 applied for setting aside the ex parte award on the ground that they were prevented by sufficient cause from appearing when the reference was called on for hearing on December 9, 1976.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Amlan Ghosh for Respondents 3 4.
The Judgment of the Court was delivered by SEN, J. This is an appeal by special leave from a judgment of the Calcutta High Court, by which it refrained from interfering with an order of the Central Government Industrial Tribunal, Calcutta, companystituted under s. 7A of the Industrial Disputes Act, 1947, setting aside an ex parte award made by it.
The facts giving rise to the appeal are these The Government of India, Ministry of Labour by an order dated July 26, 1975 referred an industrial dispute existing between the employers in relation to the Grindlays Bank Ltd., Calcutta and their workmen, to the Central Government Industrial Tribunal in exercise of its powers under s. 10 of the Industrial Disputes Act, 1947 for adjudication.
3/1978.
2355 of 1979.
On the basis of the statement recorded by the manager of the appellant, the Tribunal held that the respondents Nos.
By a numberice dated March 6, 1976 the Tribunal fixed peremptory hearing of the reference for May 28, 1976, but the hearing was adjourned from time to time on one ground or other.
