( 1 ) SUBJECT matter of impugnment in the instant petition is the Award dated 3. 6. 1995 rendered by the Labour Court Varanasi pursuant to Reference No. 105 of 1992 made under Section 4 K of the U. P. Industrial Disputes Act, 1947 in which Industrial Dispute referred was "whether the employers have wrongfully terminated the services of Employee Sri Lalji Pandey son of Sri Dev nath Pandey, Booking Clerk with effect from 8. 12. 1990 and if so, what relief/compensation he is entitled to get?"

( 2 ) IT would appear from the record that the petitioner-employer entered appearance through his representative on 7. 7. 1992. on which date time was sought to file written statement on behalf of the petitioner employer. On 21. 10. 1994, time was again granted to the representative of the petitioner fixing 15. 12. 1994 and again upto 3. 2. 1995. Again, time was granted on 2. 3. 1995 fixing 28. 4. 1995. It would further appear that in the meantime representative of the petitioner reclused himself and as a consequence notice was issued to the petitioner employer on 1. 5. 1995, which it is alleged was served to the petitioner on 10. 5. 1995. In this conspectus, the Labour court