Law: Industrial Relations Act, 2012

Section: 58,85

Law: Civil Procedure Code (V of 1908)

Section: 13

Law: Limitation Act, 1908

Section: 5

(a) Industrial Relations Act (X of 2012)--- ----Ss. 58 & 85---Civil Procedure Code (V of 1908), O. IX, R. 13---Limitation Act (IX of 1908), S. 5---Ex-parte judgment---Deliberately abstaining from joining proceedings---Dismissal order was challenged by the respondent (employee) before the Labour Court, which was subsequently transferred to the National Industrial Relations Commission ("NIRC")---Petitioner (department) failed to appear before the NIRC---Resultantly ex-parte judgment was passed in favour of respondent (employee)---Application was filed by petitioner under Order IX, Rule 13, C.P.C., accompanied by an application for condonation of delay, to set aside the said ex-parte judgment, however both said applications were dismissed by the Member NIRC, the Full Bench of NIRC, and by the High Court---Validity---Section 58 of the Industrial Relations Act, 2012 ("IRA"), stipulates that any person aggrieved by a 'decision given' by any Bench of the NIRC may, within thirty days of such decision, prefer an appeal to the NIRC; and, the appeal shall be heard and adjudicated by the Full Bench of the NIRC---Aggrieved person is required to file the said appeal within thirty days of such order---So, the petitioner, if feeling aggrieved by the said ex-parte judgment dated 09.11.2018 of the member NIRC, should have filed an appeal by 09.12.2018---It is a matter of record that the petitioner did not file any appeal, and the prescribed period of limitation for filing the appeal under section 58 of IRA expired; therefore, the said ex-parte judgment is final between the parties on the basis of the principle of res judicata---To justify the delay in filing the application to set aside the ex-parte judgment, the petitioner, in the application for condonation of delay, asserted that he did not receive any notice or information regarding the pendency of the grievance petition filed by the respondent; he claimed to have knowledge about the ex-parte judgment on 10.12.2018 when he received an application from a former employee---However, this stance of the petitioner is self-contradictory as the record indicates that he, initially, appeared and participated in the proceedings…

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