S.B.Sinha, J.

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. An industrial dispute was raised with regard to the termination of service of the petitioner by the respondent No. 2 company and the Government of Bihar in exercise of its power conferred upon it under Sec. 10(1)(c) of the Industrial Disputes Act issued a notification dated 5th July, 1987 whereby and whereunder a dispute was referred for adjudication of the Labour Court, Dhanbad:

Whether the dismissal of Sri Shyam Pada Dutta workman of M/s. Rahul Udyog Viniyog Limited, Katras Road, Dhanbad, is justified ? If not, what relief Sri Shyampada Dutta is entitled ?

4. 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 respo