J.S. WALIA Vs. JAI GOBIND

JUDGEMENT

(1.) None appears for the respondents. It is noted that Mr P. N. Dwivedi, Advocate had appeared on behalf of respondent no.1 at the hearing held on 06.11.2001 and had sought time to file a reply to the petition. However, neither any reply has been filed on behalf of respondent no.1 nor has he been represented on any of the hearings held thereafter. It is noted that, as many as, ten hearings have been held thereafter but the respondent no. 1 has not been represented. In the given circumstances, the present petition was taken up and heard in absence of the respondents and in absence of any pleadings on their behalf.

(2.) The present writ petition has been filed under Article 226/227 of the Constitution of India, impugning the award dated 21.03.2000 passed by the Labour Court (hereinafter referred to as the 'impugned award'), whereby the termination of the services of the respondent workman was held to be illegal and his reinstatement with 50% back wages was directed.

(3.) After failure of the conciliation proceedings, the appropriate Government referred the following question to the Labour Court for its decision: