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Supreme Court of India 2019-02-12 allowed

Bundi Zila Petrol Pump Dealers Association Bundi vs Sanyojak Bundi Zila Petrol Mazdoor Sangh (B.M.S.)

Bench: 2 — Abhay Manohar Sapre

In Brief

A petrol pump dealers' association challenged an ex parte award passed by an Industrial Tribunal against them without any opportunity to be heard. The High Court had dismissed the employer's petition to set aside the award. The Supreme Court held that every party to a dispute has the right to contest on merits unless exceptional circumstances apply. Since the appellant had no knowledge of the proceedings from inception and received no notice, this breached natural justice. The Court set aside the ex parte award and the High Court's judgment, remanding the case to the Tribunal for fresh adjudication with both parties having full opportunity to defend their positions."

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Industrial Law Industrial Disputes Act, 1947 Procedure and Jurisdiction Natural Justice Ex Parte Proceedings

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