SHYAMA PADA DUTTA Vs. PRESIDING OFFICER LABOUR

JUDGEMENT

(1.) THIS application is directed against the order dated 31-1-1991 passed by respondent No. 1 in Miscellaneous case No. 1 of 1988 whereby and whereunder an ex-parte award passed by him in Reference case No. 11 of 1987 was aside.

(2.) THE fact of the matter lies in a very narrow compass.

(3.) IT is admitted that the Labour Court Dhanbad functioned for a very limited period and at the relevant time respondent No. 1 was in-charge of the said Court as Labour Court Dhanbad had not been authorised to adjudicate upon the reference. Respondent No. 2 having been noticed filed its written statement. According to respondent No. 2, it was informed that a separate Presiding Officer for Labour Court, Dhanbad would be appointed and upon vesting of the power to adjudicate upon the reference cases, notice would be served upon it in due course. According to the said respondent, it did not receive any summons or notice.