SONE LAL KUSHWAHA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard Sri Devendra Pratap Singh and Pramendra Singh, learned counsel for the petitioner and Sri Shashi Shekhar Mishra, learned counsel appearing for respondent no.2, Kanpur Development Authority, Kanpur.

(2.) By means of this writ petition, quashing of order dtd. 29/1/2016, passed by respondent no. 1, Presiding Officer, Labour-III, U.P. Kanpur passed on paper No. 16/D and 19/D in Adjudication Case No. 35 of 2013 has been sought.

(3.) Facts as stated in the petition are that the petitioner raised an industrial dispute against his termination before the State Government and that was referred for adjudication to the Labour Court, Kanpur by means of a reference under Sec. 4K of the U.P. Industrial Disputes Act, 1947 [U.P. Act]. After registration of the case as Adjudication Case No. 35 of 2013, notices were issued to the parties. A written statement was filed by the petitioner on 25/5/2013 but, despite notice, neither was any appearance put by the Kanpur Development Authority before the Labour Court nor was any written statement filed. Accordingly, proceedings took place exparte that culminated in an Award dtd. 29/5/2014 which was subsequently published on 16/7/2014 on the Notice Board of the Labour Court, Kanpur.