1, Chongqing Moumou Pump Group Co. Ltd. and Cai labor contract dispute judicial gist: if a party refuses to accept the labor dispute arbitration committee of the arbitral award to the people's court after no reason not to appear in court, the people's court according to the case, the arbitration law. Where the party concerned once again bring a suit in a people's court, the people's court shall not accept the case; the party that has accepted it shall dismiss the prosecution in accordance with the law.

    basic facts: December 8, 2014, Cai Moumou in Chongqing Pump Industry Group Co. Ltd. (hereinafter referred to as XX pump company) illegal termination of labor relations on the grounds, to the city of Chongqing Hechuan district labor dispute arbitration committee for arbitration, request the company to pay certain pump illegal labor relations compensation 31455 yuan. The Commission in January 28, 2015 to Hechuan labor party arbitration case word (2015) No. twenty-first arbitration award, award: a pump company paid Cai Moumou illegal labor relations compensation 10234.02 yuan; two, dismissed the CAI's other requests. A pump company refuses to accept the decision to prosecute the Chongqing Hechuan District People's court, the court shall be accepted. During the trial of the case, a pump company after being legally summoned without justification refused to appear in the proceedings, the court ruled that the case by case. (2015) the legitimate civil ruling No. 01541 min Chu Zi No. XX delivery pump company, the company once again to the city of Chongqing Hechuan District People's court, requesting a judgment of the company without payment of CAI to terminate the labor contract damages.

    the court believes that the "Supreme People's Court on the people's court for the labor dispute arbitration disputes or permit withdrawal the prosecution dismissed after the labor dispute arbitration in force since when the explanation of" the provisions of article “ if a party refuses to accept the labor dispute arbitration award to the people's court after withdrawing, by the people review of the court approval of the withdrawal, the original arbitration award from the people's court ruling by the parties as of the date of legal effect. ” in this case, with certain pump company award to the people's court, the people's court in the trial process, the company after being legally summoned without justification refused to appear in the proceedings, the people's court then according to such pumps, automatic withdrawal of treatment. The people's court shall, according to the above provisions, identify the original arbitration award from the date when the people's court ruling served on the parties. Therefore, a pump company filed a lawsuit again, the people's court shall not be accepted, has been accepted, should the court rejected the prosecution.