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2021 Supreme(All) 1163

JAYANT BANERJI
Sone Lal Kushwaha – Appellant
Versus
Presiding Officer – Respondent


Advocates Appeared:
For the Petitioner: Mukesh Kumar Kushwaha, Bhupendra Nath Singh, Mahima Maurya Kushwaha, Nar Singh Narayan Verma, Pramendra Pratap Singh
For the Respondent: C.S.C., Anoop Trivedi, Shashi Shekhar Mishra

JUDGMENT :

Jayant Banerji, J.

1. Heard Sri Devendra Pratap Singh and Pramendra Singh, learned counsel for the petitioner and Sri Shashi Shekhar Mishra, learned counsel appearing for respondent no.2, Kanpur Development Authority, Kanpur.

2. By means of this writ petition, quashing of order dated 29.1.2016, passed by respondent no. 1, Presiding Officer, Labour-III, U.P. Kanpur passed on paper No. 16/D and 19/D in Adjudication Case No. 35 of 2013 has been sought.

3. Facts as stated in the petition are that the petitioner raised an industrial dispute against his termination before the State Government and that was referred for adjudication to the Labour Court, Kanpur by means of a reference under Section 4K of the U.P. Industrial Disputes Act, 1947[U.P. Act]. After registration of the case as Adjudication Case No. 35 of 2013, notices were issued to the parties. A written statement was filed by the petitioner on 25.5.2013 but, despite notice, neither was any appearance put by the Kanpur Development Authority before the Labour Court nor was any written statement filed. Accordingly, proceedings took place exparte that culminated in an Award dated 29.5.2014 which was subsequently published on

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