Supreme Court of India · 2008-11-21
Radhakrishna Mani Tripathi vs L.H. Patel & Anr
- Citation / case number
- AIR 2008 SC (SUPP) 928
- Court
- Supreme Court of India
- Petitioner
- Radhakrishna Mani Tripathi
- Respondent
- L.H. Patel & Anr
- Author
- Aftab Alam
- Bench
- Aftab Alam, Tarun Chatterjee
Judgment text excerpt
The Supreme Court upheld the decision of the Bombay High Court which confirmed the Labour Court's order to recall an ex-parte award under the Industrial Disputes Act, 1947. The Court found that the appellant had suppressed the correct address of the respondent, resulting in non-service of notice, thus violating the principles of natural justice. The Court emphasized that the Labour Court had the authority under Section 11 and Rule 26 of the Bombay Rules to set aside an ex-parte award when sufficient cause for non-appearance is shown, leading to the dismissal of the appeal.