Judgment

DESAI, J. :- Special leave granted.

2. We heard Mr. Harbans Lal, learned counsel for the appellant and Mr. Atul C. Jain, learned counsel for the respondent.

3. An industrial dispute arising out of the termination of service of the appellant who 295 was employed as a conductor by the Chandigarh Transport Undertaking was referred to the Labour Court for adjudication and it was numbered as Reference No. 55 of 1981. On receipt of the notice of the reference, the workman and the employer both filed, their respective statements, The reference came up for hearing on February 23, 1982 and when it was called out neither the appellant nor his representative one Shri M. L. Gupta was present. The Labour Court directed the matter to be heard ex parte. After making that order, the Labour Court proceeded to observe that as no evidence has been led by the appellant, there is nothing to show that the termination of service was illegal or invalid, and concluded that the appellant was therefore, not entitled to any relief. Soon thereafter an application was moved by the appellant for recalling the order disposing of the reference ex parte. It was stated in the application that the date given to