Mahesh Grover, J.@mdashThe petitioner impugns the ex-parte award dated 12.8.2009 passed against it. The grievance of the petitioner is that on
the date in question its representative could not appear because of pre-occupation in some other Court. The ex-parte order against the petitioner
was passed on 12.8.2009 and on the same very day the Tribunal concluded its proceedings. The contention of the learned counsel for the
petitioner is that the aforesaid award has seriously prejudiced its case.
2. Learned counsel for the respondent No. 2 opposes the prayer to say that the petitioner was conscious of the ex-parte order passed against it
but despite that it made the application for recall of the order after three months of its passing which shows that the exercises were not bona fide.
3. On due consideration of the matter, I am of the opinion that the ends of justice would squarely be met if only one opportunity is granted to the
petitioner to lead its entire evidence. To settle equities this opportunity is directed to be given to the petitioner subject to payment of Rs. 30,000 as
costs which shall be given to respondent No. 2. The amount in question shall be deposited before the Tribunal on or before 12.3.2012. The parties
shall appear before the Tribunal on 20.3.2012. The Impugned award is set aside subject to the aforesaid terms and conditions and since the
parties have been directed to put in appearance before the Tribunal, it shall thereafter affix one effective date permitting the petitioner to bring on
record any evidence that it may choose in support of its claim. Thereafter the respondent-workmen would be given one opportunity to offset the
impact of such material which shall be produced by the petitioner. Petition stands disposed of.
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