1

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1800 OF 2007

BHAGYODAY COOP. BANK LTD. ...APPELLANT VERSUS

NATVARLAL K. PATEL ...RESPONDENT

O R D E R

While  issuing  notice  at  the  special  leave  

petition  stage,  this  court  on  2nd May,  2005  passed  the  

following order:

“Exemption allowed.

Issue notice in the special leave petition  

as to why the matter should not be remanded  

to the industrial court.”

On  30th March,  2007,  this  court  passed  the  

following order:

“Though served nobody appears on behalf of  

the respondent.

Leave granted.”

Having heard learned counsel for the parties and  

on perusal of the impugned order, it would be clear that  

the  appellant  was  not  heard  by  the  High  Court  while  

entertaining  the  writ  petition.   In  paragraph  5  of  the  

impugned order, the High Court has observed as follows:

“It is true that the Appellate order passed  

by the Industrial Tribunal was an ex-parte  

order, inasmuch as that the learned Advocate  

for the petitioner had not remained present,  

may be for justifiable reasons.”

2

In  that  view  of  the  matter,  we  find  that  the  

liberty  must  be  given  to  the  appellant  to  contest  the  

appeal  before  the  Industrial  Tribunal.   That  being  the  

position, we set aside the impugned order of the High Court  

as well as that of the Industrial Tribunal and the matter  

is sent back to the Industrial Tribunal with a direction to  

decide it in accordance with law.  It is expected that the  

matter will be decided by the Industrial Tribunal within a  

period of six months from the date of supply of a copy of  

this  order  to  it.   In  the  meantime,  the  appellant  is  

directed to pay a sum of Rs.1,00,000/- (Rupees One Lakh  

only) to the respondent within a period of one month from  

this date, in default of which the order passed by  High  

Court shall stand restored.

The  appeal  is  disposed  of  accordingly  with  no  

order as to costs.

.......................J. (TARUN CHATTERJEE)        

.......................J. (SURINDER SINGH NIJJAR)   

NEW DELHI, DECEMBER 15, 2007.