Sudhir Agarwal,J.: -

1. Heard learned counsel for the parties and perused the record.

2. The writ petition is directed against the award dated 01.07.1999 passed by Presiding Officer, Labour Court, U.P., Lucknow in Adjudication Case No. 43 of 1996.

3. By notification dated29.08.1990 the State Government in purported exercise of power conferred under Section 4-K of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the "Act, 1947") has made following reference for adjudication by Labour Court, Lucknow:

"Kya Sewayojako Dwara Shramik Sri Ram Bahadur Singh Ki Sewayen Dinank 30.6.95 Se Samapt Kiya Jana Anuchit Evam Avaidhanik Hai, Yadi Ha To Sambandhit Shramik Kya Hitlabh Pane Ka Adhikari Hai Tatha Uske Deyo Ke Vivran Kya Hai?"

4. One of the preliminary issue formulated by Labour Court is, whether the disciplinary inquiry conducted against workman was just, valid and in accordance with law, giving due opportunity of hearing to workman concerned and finding in respect of this issue has been recorded against workman.

5. Learned counsel for the petitioner drew my attention to the fact that proceedings dated 03.01.1995 was not supplied to petitioner and he was not given opport