SANGAM FINISHING WORKS Vs. LABOUR COURT

JUDGEMENT

(1.) Upon a reference made under Section 4-K of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act') an Adjudication Case No. 256 of 1985 is before the Labour Court, Varanasi. On July 17, 1987 in the presence of the representative of the employer (Petitioner) the hearing of the case was adjourned to August 12, 1987. On that date, no one appeared on behalf of the employer. The Labour Court passed an order that it would proceed ex parte against the petitioner. On September 7, 1987 an application was made on behalf of the petitioner for recalling the order dated August 12, 1987. This application was rejected on December 22, 1987. Thereafter on January 28, 1988 an application was made on behalf of the petitioner to permit it to participate in the proceedings of the Adjudication Case. That application has been rejected by order dated April 4, 1988. The orders dated December 22, 1987 and April 4, 1988 are being impugned in the present petition.

(2.) A counter-affidavit has been filed on behalf of the workman and the petition is ripe for hearing. Though the petition has not been formally admitted, yet with the consent of the learned counsel for the parties I am proceeding to dispose of this petition finally.

(3.) The Labour Court has decided to recall the order dated August 12, 1987 on the ground that the application made on September 7, 1987 for doing so had been made beyond the period prescribed under Rule 16 of the U.P. Industrial Disputes Rules, 1957 (hereinafter referred to as the 'Rules'). It is to be noted that under the said rule an application has to be made within ten days of the passing of the order. No exception can be taken to the view taken by the Labour Court. Indeed, learned counsel for the petitioner has not advanced any serious argument so far as the order dated December 22, 1987 is concerned.