2008 (9) TMI 1033 - HC - Indian Laws

Labour Court's reinstatement award set aside; case remanded for fresh hearing due to counsel's negligence in defense.

Koutons Retail India Ltd Versus Pramod Prasad Gupta & Anr.

Koutons Retail India Ltd Versus Pramod Prasad Gupta & Anr. - TMI Issues involved: Assailing an award passed by Labour Court regarding termination of a workman, negligence of counsel, setting aside the award.1. The petitioner challenged the award by Labour Court reinstating the workman with full back wages. The dispute arose over the termination of the workman due to unsatisfactory performance. The reference made by the Secretary (Labour) Government of NCT of Delhi questioned the legality of the termination and sought monetary relief and other benefits for the workman. The management's defence was struck off for not filing a written statement, leading to the award in favor of the workman.2. The petitioner claimed negligence by its counsel, Mr. Pranav Kanti, for failing to defend the case adequately. Despite repeated opportunities, the counsel did not comply with court orders, resulting in the management's defence being struck off. The petitioner made efforts to recover records from the counsel and filed a complaint with the Bar Council of India regarding the mishandling of the case.3. The petitioner sought relief citing the negligence of its counsel, as per the precedent in Rafiq Vs. Munshilal, emphasizing that a party should not suffer due to the advocate's misconduct. The court acknowledged the petitioner's efforts to rectify the situation and granted the petitioner the opportunity to present its case afresh before the Labour Court.4. The judgment set aside the previous award and remanded the matter to the Labour Court for a fresh decision, directing the court to proceed within six months. The court recognized the petitioner's plight due to counsel negligence and ensured a fair opportunity for the petitioner to defend its case effectively.