JASPAL SINGH Vs. SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE

JUDGEMENT

(1.) BY this writ petition the petitioner -workman is challenging the order dated November 4, 1997 (copy annexure P -2) and the order dated June 7, 1999 (copy annexure P -5). On the demand notice of the petitioner, a reference was made to the Labour Court. However, on November 4, 1997, no body was present on behalf of the petitioner in the Labour Court and no body appeared on that date for respondents -employer also and hence, the reference was declined for want of prosecution. By the order dated June 7, 1999 (copy annexure P -5) application of the petitioner for recalling the order dated November 4, 1997 was dismissed.

(2.) COUNSEL for the petitioner -workman argued that the Labour Court has no jurisdiction to dismiss the award for want of prosecution and has relied upon the case of U.K. Rattan v. Presiding Officer, Labour Court, U.T. Chandigarh, and another reported in, 1993(1) R.S.J. 423, wherein it has been held that the question in reference was answered by a Division Bench of this Court which is reproducers under : -

(3.) THE facts of the case are not material. What is material in this case is the law laid down which has been quoted above. This being the position, the order dated November 4, 1997 passed by the Labour Court is itself illegal. Even if an application for setting aside the order dated November 4, 1997 was made after 30 days it will not come in the way of the petitioner setting (getting?) the relief from this Court.