HARISH CHANDER Vs. PRAGATI INDUSTRIES

JUDGEMENT

(1.) The petition impugns the award dated 20 th March, 2007 of the Industrial Adjudicator on the following reference:

(2.) This writ petition has been preferred after more than two years of the publication of the award and was accompanied with CM No.5918/2010 for condonation of delay in filing the writ petition. Notice only of the application for condonation of delay was issued. No steps were taken for service of the said notice and on 15 th November, 2010 the matter was dismissed in default. An application for restoration was filed which was allowed. However, the petitioner applicant again failed to take steps for service of the notice and the writ petition was again dismissed in default on 8 th March, 2011. CM No.5884/2011 has again been filed for restoration of the matter. The said application came up before this Court on 28 th April, 2011 when being prima facie of the opinion that no case for interference with the award of the Industrial Adjudicator also is made out, the counsel for the petitioner was asked to argue on the admissibility of the writ petition. The counsel after some arguments sought adjournment and the matter was posted for today. The counsel for the petitioner has been heard.

(3.) The Industrial Adjudicator had framed a preliminary issue as to the validity of the departmental inquiry conducted preceding the order of termination of service of the petitioner workman. It was the plea of the petitioner workman that he was not permitted to participate in the departmental inquiry and was stopped at the gate of the factory only and thus the departmental inquiry was bad.