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Can respondent challenge the decision if declared ex parte
20-Jan-2023 (In Civil Law)
Labour commisioner passed an order u/s 20(2) of mm wages act,1948. Both respondents were declared ex parte because of no appearence. Being a respondent can i challange the order. How and where ?
Definitely you can move an application for setting aside that ex parte order under the appropriate provisions of the CPC. You can file the same before the learned presiding officer who has passed the ex parte order.
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you can certainly challenge the order of the Labour commissioner in a writ petition under article 226 of constitution of india provided you have good defence and sufficient reasons for non appearance before Labour commissioner at the relevant time.
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Adv. Poonam Atey
Delhi | 25+ Answers
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Yes you can file an application to set aside the ex parte order within 30 days of publication of that award, if 30 days period is lapsed then Labor Court would not have any jurisdiction and you have to file the same application before the Hon'ble High Court.
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Adv. Rohit Kumar
Delhi | 25+ Answers
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Hi. In the narrow conspectus of facts shared by you, a respondent can challenge an order recording the respondent as ex parte in an appropriate court. The respondent has to show sufficient reasons preventing the respondent from appearing on the date of hearing.
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Adv. Shreyans Singhvi
Delhi | 100+ Answers
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Yes, the order can be challenged.If need arises a writ petition can be filed before hon'ble high cout. The detailed opinion can be provided only after pursuing the copy of the impugned order, as very limited details are given in this post.
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Adv. Mayank Khera
Ghaziabad | 25+ Answers
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