Satish Kumar Mittal, J.

1. Petitioner Mohinder Singh (Workman) has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 24.2.2003 passed by the Presiding Officer, Labour Court, Ambala, whereby the petitioner was debarred to prosecute his case for non-payment of costs; and the order dated 15.9.2003 vide which his application for recalling the aforesaid order has been dismissed.

2. The services of the petitioner, who was working as Helper-cum-Tyreman in Haryana Roadways, were terminated by the General Manager vide order dated 16.2.1990. The petitioner sought a reference under Section 10(1) of the Industrial Disputes Act to the Labour Court. When before the Labour Court the matter was pending at the stage of evidence on 9.12.2002, the petitioner was not present for his evidence, then the case was adjourned for 24.2.2003 for the evidence of the petitioner on payment of costs of Rs. 100/-. On 24.2.2003, the petitioner could not reach to the Court and when the costs were not paid, the Labour Court debarred the petitioner to prosecute his case for nonpayment of costs under Section 35-B of the Code of Civil Procedure. Subsequently, th