JUDGMENT :

1. Heard Shri Ashish Agarwal, learned counsel for the petitioners, learned Standing Counsel for respondents 1, 2 and 3 and Shri Awadh Sharma, learned Advocate, holding brief of Shri Shivniket Tripathi, learned counsel for respondent No.4.

2. This petition has been filed challenging the award 19.10.2011, whereby the Labour Court, Saharanpur, has proceeded under Rule 12 (9) of the UP Industrial Disputes Rules, 1957 and has directed reinstatement of the respondent No.3 as Seasonal Weight-man Clerk terming his termination as illegal. Further directions for payment of entire backwages and other financial benefits have also been issued.

3. Learned counsel for the petitioners submits that the impugned award has not been passed on merits rather it has been passed on the ground that the petitioners did not cross-examine the witness, i.e., the workman; that the affidavit filed on behalf of the petitioners was not verified and since the affidavit filed by the workman remained unsworn, there is no reason to disbelieve its contents.

4. Learned counsel further submits that there were cane-sugar dues towards the petitioners, which is a sugar-mill and in the proceedings of recovery of such