Bilaspur : On February 27, 2026, the High Court of Chhattisgarh set aside an ex parte award passed by the Labour Court at Raigarh against Jindal Steel and Power Limited and Superior Fire and Security Services Pvt. Ltd. The Court held that the employers were not given a fair opportunity to present their case.
The judgment was delivered by Justice Bibhu Datta Guru in two miscellaneous appeals arising out of a common order dated July 25, 2025.
The dispute began when Umesh Kumar Chauhan, a security employee, approached the Labour Court claiming that he had been working with Superior Fire and Security Services since December 27, 2008. He stated that his services were terminated on November 20, 2020, on the ground that he was underweight. He argued that he had completed 240 days of continuous service and that his termination was done without following Section 25-F of the Industrial Disputes Act, 1947. He sought reinstatement with back wages.
In August 2022, the Labour Court proceeded against the employers ex parte. In December 2022, it declared the termination illegal and directed reinstatement, though without back wages.
The companies later filed applications to recall the ex parte award, stating that they had not been properly served with notice and only came to know about the award in March 2023. However, the Labour Court rejected their recall applications in July 2025.
Before the High Court, the employers argued that even on the day they were declared ex parte, the Labour Court had recorded that confirmation of service was still awaited. The High Court found that there was no clear finding that proper service of notice had been completed as required under law.
Relying on legal principles under the General Clauses Act, 1897 and the Supreme Court decision in Grindlays Bank Ltd. v. Central Government Industrial Tribunal, the Court held that an ex parte order cannot stand if a party was not properly served and denied an opportunity to be heard.
The High Court set aside the Labour Court’s order dated July 25, 2025, allowed the recall applications, and sent the matter back to the Labour Court for fresh decision on merits. Both parties have been directed to appear before the Labour Court on April 29, 2026, and the case has been asked to be decided quickly.
Case Details : MA No. 179 of 2025 (Jindal Steel and Power Limited vs Umesh Kumar Chauhan) and MA No. 177 of 2025 (Superior Fire and Security Services Pvt. Ltd. vs Umesh Kumar Chauhan). Mr. Shashank Thakur appeared for Jindal Steel and Power Limited, Mr. Atanu Ghosh appeared for Superior Fire and Security Services Pvt. Ltd., and Mr. Shyamta Prasad Sannat appeared for the respondent.
