MEERUT DEVELOPMENT AUTHORITY Vs. LABOUR COURT SAHARANPUR

JUDGEMENT

(1.) Counter affidavit filed by Sri Neeraj Agarwal and rejoinder affidavit filed by Sri B. Dayal for petitioner, are taken on record. Heard Counsel for the parties and perused the record.

(2.) This petition is preferred challenging validity and correctness of the ex parte award dated 5.5.2010 enforced by publication on 1.11.2010, by which the Labour Court has held that termination of service of the workman with effect from 28.1.1987 by the employer is illegal and unjustified. The Labour Court, U.P. Saharanpur thereafter answered the relief part in the order of reference and directed the employer to reinstate the workman with continuity of service without back wages to the workman but he shall be entitled to wages from the date of reinstatement in the same mode or manner in which he was being paid prior to his illegal termination.

(3.) The petitioner has also challenged the order dated 7.4.2011 by which the restoration application filed by the employer petitioner for setting aside and recall of ex parte award aforesaid was rejected, as well as the order dated 10.3.2010 closing opportunity of the employer to file written statement and also the order dated 8.4.2010 to proceed ex parte in the case.