High Court of Punjab and HaryanaCR/2702/2021disposed of

Gurtej Singh v. Paramjit Singh

2021-11-11Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CIVIL REVISION No.2702 of 2021 (O&M) DATE OF DECISION: 11.11.2021 Gurtej Singh .....Petitioner versus Paramjit Singh .....Respondent CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. R.S. Mamli, Advocate for the petitioner ..

ALKA SARIN, J. (Oral):

Heard through video conferencing.

The limited prayer in the present revision petition under Article 227 of the Constitution of India is for deciding the application (Annexure P-2) filed by the petitioner herein for setting aside the ex-parte order dated 10.03.2021.

The learned counsel would contend that the petitioner though had got himself examined in examination-in-chief, however, his crossexamination was not conducted and he was proceeded against ex-parte vide order dated 10.03.2021. Thereafter, on 02.06.2021 the petitioner moved an application for setting aside the order dated 10.03.2021. Now, without deciding the said application, the Award is being enforced. It has also been pointed out by the learned counsel for the petitioner that initially when the present revision petition was filed, the Presiding Officer, Industrial Tribunal, Patiala, District Patiala was impleaded as a party. However, an objection was raised by the Registry and thereafter an amended memo of parties was filed.

PARKASH CHAND 2021.11.12 12:09 I attest to the accuracy and integrity of this document

CR-2702-2021 -2Since prayer is being made in the present petition for a direction to the Presiding Officer, Industrial Tribunal, Patiala, District Patiala to decide the application (AnnexureP-2) filed by the petitioner, therefore, on the oral request of the learned counsel, the Presiding Officer, Industrial Tribunal, Patiala, District Patiala is ordered to be impleaded as respondent No.2. Registry to make the necessary amendments in the memo of parties.

Heard.

In view of the limited prayer made by the learned counsel for the petitioner, the service of notices upon the respondents is dispensed with at this stage.

Without commenting upon the merits of the case, the present revision petition is disposed off with a direction to respondent No.2 to take a decision on the application (Annexure P-2) filed by the petitioner herein for setting aside the ex-parte order dated 10.03.2021 in accordance with law within a period of two months from the date of receipt of a certified copy of this order.

Disposed off.

(ALKA SARIN) JUDGE 11.11.2021 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2021.11.12 12:09 I attest to the accuracy and integrity of this document