RAUNAQ AUTOMOTIVE COMPONENTS LTD Vs. LABOUR COURT, BAREILLY

JUDGEMENT

(1.) This writ petition was taken up for arguments yesterday on 24.4.2012 in the revised list. Nobody appeared on behalf of the respondent no. 3. However, due to paucity of time the arguments could not be concluded, therefore, the matter has been posted for today. Today, again nobody has appeared on behalf of the respondent no. 3. Notices were issued to the respondent no. 3 on 25.8.1998 but till date no counter affidavit has been filed in this case. In the circumstances, the court is left with no option except to proceed to hear the matter in the absence of respondent no. 3.

(2.) This writ petition has been filed by the petitioner assailing the order dated 6.5.1998 by which a second reference has been made by the Dy. Labour Commissioner, Moradabad referring a dispute regarding termination of the respondent no. 3 to the Labour Court, Bareilly.

(3.) The facts of the case, in brief, are that an industrial dispute was raised by the respondent no. 3 by filing an application under section 2-A of the U.P. Industrial Disputes Act, 1947 which was registered as CP case no. 111 of 1996. A reference was made by the Dy. Labour Commissioner, Moradabad referring the dispute to the Labour Court Bareilly by his order dated 13.2.1997 and the question referred to the Labour Court is as follows: