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2018 (12) TMI 307 - SC - Indian LawsPrinciples of natural justice - Recall of ex-parte order after expiry of 30 days from publication of the award - Refusal of employment - whether refusal of employment to Shri Mahabir Prosad Choudhary by the management w.e.f. 02.05.2005 is justified? Held that:- Tribunal was required to intimate date and time for receiving of the written statement by the company. Neither the order sheet of Tribunal indicate that any date was fixed for such service of W/S nor any intimation was sent to the company. Thus, there was a clear breach of subrule( 5) of Rule 20B, no error has been committed by High Court in taking the view that Rule 20B(5) has been violated, resulting in violation of principles of natural justice. Rule 21, which empowers the Tribunal to proceed when any party to a proceeding fails to attend. Learned counsel for the appellant is right in his submission that the plain language of Rule 21 does not indicate that it is necessary for Tribunal to issue any notice to a party before proceeding exparte. However, the expression used in Rule 21 is “may proceed”. Thus, on nonappearance on one day does not oblige the Tribunal to proceed exparte - But even otherwise accepting, the submission of the learned counsel for the appellant that no mandatory notice under Rule 21 was required to be issued by the Tribunal to the company, there being violation of Rule 20B(5), the High Court committed no error in setting aside the order of the Tribunal’s exparte award by directing the Tribunal to proceed afresh. There is no error in the judgment of the High Court - appeal dismissed - decided against appellant.
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