https://www.taxtmi.com/caselaws?id=371538 An Industrial Tribunal's power to proceed ex parte does not end merely because an application to recall the ex parte award is filed after publication. The Tribunal retains jurisdiction where the award is challenged as having been made without due opportunity to participate. On the facts, Rule 20B(5) of the West Bengal Industrial Disputes Rules, 1958 was breached because no date was fixed or intimated for service of the statement of case or written statement on the opposite party. Rule 21 did not dispense with fair procedure, and the ex parte award was therefore vitiated by breach of mandatory service requirements and natural justice. The fresh adjudication direction was left undisturbed. en-us Tue, 04 Dec 2018 00:00:00 +0530 Thu, 06 Dec 2018 05:34:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=371538 An Industrial Tribunal's power to proceed ex parte does not end merely because an application to recall the ex parte award is filed after publication. The Tribunal retains jurisdiction where the award is challenged as having been made without due opportunity to participate. On the facts, Rule 20B(5) of the West Bengal Industrial Disputes Rules, 1958 was breached because no date was fixed or intimated for service of the statement of case or written statement on the opposite party. Rule 21 did not dispense with fair procedure, and the ex parte award was therefore vitiated by breach of mandatory service requirements and natural justice. The fresh adjudication direction was left undisturbed. Case-Laws Indian Laws Tue, 04 Dec 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=371538