STATE OF U P Vs. LABOUR COURT AGRA

JUDGEMENT

(1.) BY means of present writ petition under Article 226 of the Constitution of India, the petitioner employer has challenged the award of the Labour Court, Agra dated 22 4 1994 and the order dated 9 1 1996, passed in Adjudication Case No. 44 of 1992, Annexures 2 and 4 to the writ petition.

(2.) THE facts leading to the filing of present writ petition are that State Government vide its order dated 31 12 1991 has referred the following dispute under Section 4 K of the U.P. Industrial Disputes Act, 1947 for adjudication before the respondent Labour Court, which reads as follows : Whether the termination of the services of Sri Mathura Prasad, son of Mewa Ram, Cattle Guard w.e.f. 25 7 1989 by the employer was valid and legal? If not, then to what relief the concerned workman was entitled for, etc.?

(3.) AFTER the pleadings and evidences have been over by both the parties, the Labour Court has recorded findings that inspite of notices being serviced upon the employer, none appeared on behalf of the employer and also on the next date i.e. on 4 4 1994 neither anybody had appeared before the Labour Court, nor any stay application has been filed on their behalf, therefore, the arguments have been heard and award was given ex parte. Thereafter, an application dated 15 11 1994 has been filed on behalf of the employer before the Labour Court to set aside the ex parte award dated 22 7 1994. The Labour Court after hearing the arguments on the basis of the materials available on record, recorded a finding that the application on behalf of the employer has been filed after 30 days of the publication of the said award, which is beyond the jurisdiction of the Labour Court and has rejected the said application vide its order dated 9 1 1996.