(1.) A challenge has been laid by the petitioner to the award made by the Presiding Judge, Labour Court, Shimla in Reference No. 5 135/2004 dated May 22, 2007 read with order dated October 1,2007.
(2.) The brief facts necessary for the adjudication of this petition which emerge from the pleadings of the parties are that the petitioner (hereinafter referred to as 'the workman') had approached the appropriate authority under the Industrial Disputes Act, 1947 for the redressal of his grievances. The State Government has made reference to the Labour Court, as a sequel to the reference made to the Labour Court the workman has filed statement of claim. The respondent (hereinafter referred to as 'the employer') filed a detailed reply to the statement of claim. The workman had also filed detailed rejoinder to the reply filed by the employer. The Labour Court on May 22, 2007 has passed the following award:
(3.) The workman feeling aggrieved by the award dated May 22, 2007 preferred an application under Order 9 Rule 9 of the Code of Civil Procedure for setting aside the award dated May 22,2007. The same was rejected by the learned Presiding Judge on October 1,2007.