JUDGMENT :

1. This writ application under Articles 226 and 227 of the Constitution is directed against an order of the Industrial Tribunal refusing to set aside an ex pane award made by it on the ground that there is no provision under the Industrial Disputes Act or the Rules made thereunder for restoration of a dispute by setting aside the ex parte award. The Tribunal is a party to present writ application though we have been asked to issue writ directing the Presiding Officer of the Industrial Tribunal, Orissa to hear the petition afresh. Under the Rules framed by This Court the Tribunal was a necessary party. In the absence of the Tribunal this writ application would not be maintainable.

2. Even upon merit we do not think the petitioner has a case. The opposite party was appointed as a foreman in the Central Work-shop-cum-implement Production Centre, Bhubaneswar. Over the termination of service of the opposite party a dispute arose and a conciliation proceeding followed. The petitioner participated. Then the State Government made a reference treating this to be an industrial dispute to the Tribunal for determination. Before the Tribunal the petitioner participated. But on the date