(1.) The petitioner-employer, aggrieved by an award of the Labour Court, Meerut dated 29th September, 1986 in Adjudication Case No. 326 of 1985 and also the order dated 2nd December, 1987, whereby the application of the employer for setting-aside ex-parte award was rejected, has approached this Court under Article 226 of the Constitution of India.
(2.) On receipt of the reference the Labour Court issued notices to the employer and the employee and the parties have exchanged their pleadings. The workman has set up the case, that he has worked for the whole crushing seasons 1979-80 and 1980-81 and that arbitrarily his services were terminated on 4th December, 1982, whereas several junior workmen employed by the employer are still working. It is also alleged that the employers do not maintain any record nor do they record attendance of the workmen, pay slips and leave card etc. They also keep on the record the names of such workmen who even have never worked in their establishment. On the other hand the employer has set up a case, that the workman has worked only seven days in crushing season 1979-80 and nine days in crushing season 1980-81.
(3.) The labour fixed the dates for proceeding the matter by fixing 18th July, 1986 on which date the employers were directed to produce the record and the next date was fixed as 26th July, 1986 for the purpose. On 26th July, 1986, the representative of the employer had to go out of station and he directed the Pairokar, Sri Balbir Singh, to produce the record. The Pairokar reached to the Court at about 12.30 p.m., when he was informed by the Peshkar that the case, had been adjourned on the request of the workman's representative for the next date fixed for final hearing i.e., 7th October, 1986. In the last week of August, 1986 he employers came to know that the case proceeded ex-parte on 26.7.1986. The award was reserved and ultimately the award was published on 27.2.1987. Aggrieved thereby the employers filed an application for setting-aside the ex-parte award on 24th March, 1987, which application has been rejected by the Labour Court as stated above on 2nd December, 1987.