J.J.MUNIR,J. - (1.) This writ petition is directed against an award of the Presiding Officer, Labour Court, U.P., NOIDA, Gautam Budh Nagar, dated 02.08.2017 (published on 04.10.2017) passed in Adjudication Case no.35 of 2008. The aforesaid Adjudication Case commenced on the determination of Conciliation proceedings by the Additional Labour Commissioner, Ghaziabad vide order dated 08.07.1996 made in C.P. Case no.155 of 1996. Based on the said order made by the Additional Labour Commissioner, an industrial dispute, under Section 4-K of the U.P. Industrial Disputes Act, 1947 (for short, the Act) in the following terms was referred vide order dated 08.07.1996 to the adjudication of the Labour Court, Ist, Ghaziabad: Whether act of the Employers in terminating the services of their workman, Shailesh Rai son of Sri O.P. Sangram, Operator w.e.f. 10.02.1996 is lawful and/ or valid? If not, to what benefit/ compensation/ relief is the concerned workman entitled; with what other particulars and with effect from what date?
(2.) Upon receipt of reference by the Labour Court, the case was registered as Adjudication Case no.258 of 1997 on the file of the Labour Court, Ghaziabad. The case aforesaid was registered between the third respondent, Shailesh Rai, represented by the Secretary of the Workers' Union (hereinafter referred to as the workman) and the petitioner here, that is to say, M/s. Super Cassettes Industries Private Limited (hereinafter referred to as the Employers). Notice was issued to both parties, whereupon the workman filed his written statement, dated 01.09.1997. The Employers filed their written statement, a copy of which is on record as Annexure-8 to the writ petition.
(3.) The course of proceedings show that rejoinder statement, dated 26.10.1998 was filed on behalf of the workman, and likewise, a rejoinder statement was filed on behalf of the Employers, dated 16.12.2002. The workman filed documents in support of his claim, numbering nineteen through a list of documents, dated 02.12.1998. The Employers for their part also filed documents through a list dated 06.05.2003, bearing paper no. 10-B(i), carrying eight documents with the list aforesaid, including a mention that the Employers seek leave of the Court to file additional documents at any stage of the proceedings. An undertaking was also made part of the list of documents that the original/ carbon copies of the documents would be produced at the stage of evidence, or as and when required/ directed by the Court.;