(1.) Mr.I.M. Pandya, learned counsel for the petitioners and Ms.Hina Desai, learned counsel for the respondent.
(2.) The petitioners, being aggrieved by the award dtd.30/4/1998 made by the Presiding Officer, Labour Court, Bhuj-Kutch in Reference (LCR) No.405 of 1996 [Old Reference (LCR) No.868 of 1991], is before this Court with a submission that the learned Labour Court could not proceed ex-parte against the petitioner, nor could direct reinstatement in view of the fact that the project, in which the respondent was employed, was closed down.
(3.) It is to be seen that the originally the dispute was sent by the Assistant Labour Commissioner, Adipur vide his order No.KH/SHMC/RAJ/S/132/1990 dtd.17/7/1991 to the Labour Court, Rajkot, but after the Labour Court was established at Gandhidham, the Reference was transferred from Rajkot to Gandhidham.