LAWS(J&K)-2021-12-67

POPULAR GUN WORKS Vs. STATE OF J&K

Decided On December 27, 2021
Popular Gun Works Appellant
V/S
STATE OF JANDK Respondents

JUDGEMENT

(1.) In this petition, the petitioner seeks a writ of certiorari for quashing the award dtd. 30/4/2012, passed by the Industrial Tribunal/Labour Court (hereinafter referred to as "the Tribunal"). By virtue of impugned award the Tribunal decided the Industrial disputes raised by the respondents in a reference made to it by the Government in terms of Sec. 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), after holding the termination of the respondent No. 6 by the petitioner as illegal and contrary to the provision of Sec. 25F of the Act.

(2.) The respondents raised an industrial dispute, challenging the termination by the petitioner on various grounds. The said dispute was referred for adjudication to the Tribunal at Jammu. Two questions came to be referred, which were:-

(3.) It appears that after the reference, the parties are put to notice for appearance before the Tribunal, pursuant to which the respondent No. 6 filed his statement of claims. The petitioner, however, after causing his appearance on some hearings through its General Manager, did not contest the matter and were accordingly, proceeded ex-parte on 22/3/2011.