SHIV NARAYAN DHINGRA, J. - (1.) By this writ petition, the petitioner has challenged the validity of award dated 13th November, 2000 passed by the Labour Court No.1. , whereby the Labour Court answered the reference against the petitioner directing the reinstatement of the respondent with continuity of service with full back wages.
(2.) The dispute was referred to the Labour Court in following terms: "Whether the services of Sh. Dharambir have been terminated illegally and/or unjustifiably by the management, and if so, to what relief is he entitled and what directions are necessary in this respect."
(3.) After receipt of reference, the Labour Court sent a notice to both parties. While respondent/workman filed claim, the management remained absent despite notice. The award was passed on the basis of evidence of the workman tendered by way of an affidavit. The petitioner has challenged the award stating that the petitioner was not served at the time of proceedings and the petitioner, therefore, could not appear before the Labour Court. The other averments are about the conduct and work of the respondent, which cannot be gone into since there is no evidence of the petitioner before the Tribunal.;