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2003 Supreme(All) 790

B.S.CHAUHAN
SURESH CHANDRA SHARMA – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT – Respondent


Advocates Appeared:
A.K.GUPTA

DR. B. S. CHAUHAN, J.


( 1 ) THIS writ petition has been filed against the impugned order dated 9. 10. 1998, passed by the labour court allowing the application of the respondent and setting aside the award dated 8. 7. 1997 reopening the Adjudication Case No. 49 of 1992.

( 2 ) FACTS and circumstances of the case giving rise to this case are that petitioner who had been working with respondent No. 2, had been removed from service vide order dated 1. 7. 1991. Being aggrieved and dissatisfied petitioner raised an Industrial dispute, and the appropriate government vide order dated 21. 4. 1992 in exercise of its power under Section 4k of the U. P. Industrial Disputes Act, 1947 (hereinafter, the Act) made the reference to the labour court as to whether the termination was in accordance with law, and if not, to what relief he was entitled to? in pursuance of the said reference workman filed the claim petition and the contesting respondents entered into appearance through their departmental representatives. However, after appearing on few dates, the departmental representatives did not attend the proceedings, and labour court proceeded ex parte and made the Award dated 8. 7. 1997, set aside

























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