LALDIN Vs. JUDGE, LABOUR COURT

JUDGEMENT

(1.) BY the instant writ petition under Article 227 of the Constitution of India, award Annex. 3 dt. 21.12.2002 passed by the respondent No. 1 Labour Court, Jodhpur (for short 'the labour Court' hereinafter) has been challenged by the petitioner workman.

(2.) I have heard learned Counsel for the parties.

(3.) IN the instant case, from the award impugned it appears that the workman failed to file affidavit and in absence of affidavit, the respondent Labour Court made no dispute award. In my view, the Tribunal fell in error in making no dispute award. A similar controversy came to be considered by Hon'ble Supreme Court in Virendra Bhandari v. R.S.R.T.C. and Ors. : JT 2002 (5) SC 21 wherein Hon'ble Supreme Court observed as under: