JUDGMENT

Rohit Ranjan Agarwal, J.

Heard Sri Piyush Bhargava, learned counsel for the petitioner.

2. This writ petition has been filed assailing the ex parte order award dated 15.12.1999 published on 08.02.2000 in Adjudication Case No.260 of 1999.

3. In the said writ petition earlier one S.N.Dubey, Advocate, was appearing as counsel for respondent No.2. Due to unfortunate death of Sri Dubey, notices were issued on 26.09.2022 to respondent No.2 to engage another counsel. Office report dated 20.10.2022 indicates that undelivered cover was received back with the following postal remark :

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4. From perusal of the office report dated 20.10.2022, notice upon respondent No.2 is deemed sufficient.

5. This Court on 22.11.2022 had summoned the records of the Labour Court.

6. The facts in brief are that respondent No.2 had raised an industrial dispute and the State exercising power under Section 4 -K of U.P. Industrial Disputes Act, 1947 referred the matter to the Labour Court for adjudication, which was registered as Adjudication Case No.260 of 1999. The Labour Court only recorded finding to the extent that notices were sent but no one appeared and thus ex parte award was passed.

7. Sri Piyush Bhargava, learned counsel appearing for the petitioner submitted that notices were never received by the petitioner and the Labour Court had passed the ex parte award without recording finding for service of notice upon the employer.

8. I have heard learned counsel for the petitioner and perused the material on record.

9. Having gone through the record of the Labour Court as well as from perusal of the award dated 15.12.1999 passed by Labour Court it transpires that the Labour Court had passed the award as the notice, which was sent to the employer was not returned back. From perusal of the award it transpires that the award has been passed by the Labour Court without recording the finding as to the service of notice upon the employer.

10. In view of the said facts, as notice upon the employer has not been deemed sufficient by the Labour Court and there is specific denial by the employer that no notice was received and the award was passed ex parte, I find that the award dated 15.12.1999, published on 08.02.2000, is unsustainable in the eyes of law and the same is hereby set aside. The matter is remitted back to the Labour Court to adjudicate the same on merits again after giving opportunity of hearing to the employer. The employer shall have the liberty to place all the material before the Court below within one month from today.

11. Writ petition stands partly allowed.

12. Office is directed to send the record of the lower Court forthwith.