- (1.) Petitioner by means of this writ petition has questioned the legality of the ex parte award dated 31.1.1979 passed against it by Industrial Tribunal (IV) U.P., at Lucknow respondent No. 1.
(2.) The facts in brief, giving rise to the aforesaid industrial dispute are that respondents 3 to 9, who were employed under petitioner in various capacities were terminated from service in 1977 on different dates. The State of U.P. by order dated 4.3.1978 referred the industrial dispute for adjudication to Industrial Tribunal (IV), Lucknow on which basis Adjudication Case No. 29 of 977 was registered. Parties filed their written statements etc. and rejoinder affidavits and other documents. It appears that on 16.1.1979 oral evidence was adduced by the respondents and two witnesses were examined. They were cross-examined by Shri R.R. Gupta, representative of petitioner. The case was adjourned for 17.1.1979. However, nobody could appear on 17.1.1979 on behalf of petitioner. The Tribunal proceeded ex parte against petitioner and fixed 18.1.1979 for further evidence of the Union's representative. On 18.1.1979 at about 1.00 p.m. a telegram was received from petitioner stating that their representative Shri R.R. Gupta slipped from the bus in the morning and has received injuries. This telegram was sent to the Tribunal on 17.1.1979. However as no formal application for adjournment or for setting aside the order dated 17.1.1979 proceeding ex parte against petitioner was moved. Tribunal proceeded ex parte, heard arguments and the award was reserved on 18.1.1979. On 25.1.1979 an application supported by an affidavit was moved, on behalf of petitioner for setting aside the order to proceed ex parte against petitioner and to provide opportunity to cross-examine the witnesses and to adduce oral evidence. This application was rejected by the Tribunal vide order dated 31.1.1979. The order has been filed as Annexure XII to the writ petition. The same day the Tribunal gave its award aggrieved from which petitioner has filed the present writ petition.
(3.) Counter affidavit and supplementary counter affidavit and rejoinder affidavit and supplementary rejoinder affidavit have been filed the parties.;