SUDHIR AGARWAL, J. - (1.) HEARD Sri V.K.Birla, learned counsel for the petitioner and learned Standing Counsel for respondent No.1. None appeared on behalf of respondent No.2 though the names of Sri S.M.Ali, Sri M.K.Shukla and Sri Dinesh Dwivedi, Advocates have been shown in the cause list.
(2.) THE writ petition is directed against the order dated 29th May, 1997 passed by Industrial Tribunal IV, U.P. Agra rejecting petitioner's application for restoration and recall of award dated 9.8.1996 in Adjudication Case No.105 of 1996 on the ground that firstly, the application has been filed beyond limitation of 30 days and secondly, that there is no sufficient ground for absence of employer/proprietor of the firm. Sri V.K.Birla, learned counsel for the petitioner submitted that the award of Industrial Tribunal is dated 9.8.1996 but it was published by State Government, as contemplated under Section 6 of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as "Act 1947") on 27.01.1997. The application for recall of the award was filed on 26.2.1997 i.e. within 30 days of the date of publication of the award.
(3.) IT is interesting to note that award itself was delivered on 9.8.1996 and the Industrial Tribunal has said that it was published on the same date i.e. 9th August, 1996 though the petitioner has categorically stated that it was published on 27.1.1996.;