Judgment

DESAI, J.:- The appellant Mohan Lal was employed with the respondent M/s. Bharat Electronics Limited as Salesman at its Delhi Sales Depot on a salary of Rs. 520/- Per month from 8th December, 1973. His service was abruptly terminated by letter dated 12th October, 1974 with effect from 19th October, 1974. Consequent upon this termination, an industrial dispute was raised and the Delhi Administration, by its order dated 24th April, 1976 referred the following dispute to the Labour Court. Delhi for adjudication :

"Whether the termination of services of Shri Mohan Lal is illegal and/or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect?"

2. As the respondent management at one stage failed to participate in the proceedings, the reference was heard ex parts and the Labour Court made an award on 2nd May, 1977 directing reinstatement of the appellant with continuity of service and full back wages at the rate of Rs. 520/- per month from the date of termination till re-instatement. Subsequently, respondent moved for setting aside the ex parte award and seeking permission to participate in the proceedings which motion was granted. The