- (1.) Heard Sri B.D. Mandhyan, learned Senior Advocate for the petitioner and learned Standing Counsel for respondent no. 1. None has appeared on behalf of respondent no. 2 when the case has been called in revised though name of Sri S.K. Srivastava has been shown in the cause list.
(2.) This writ petition is directed against the ex parte award dated 16.04.1996 passed by Industrial Tribunal-4, Agra in Adjudication Case No. 0121 of 1995 and the order dated 05.05.1997 whereby the petitioner's application for recall of ex parte award has been rejected.
(3.) The facts, in brief, are that the respondent no. 2 claimed to be a daily wage employee, engaged by petitioner's Mandi Samiti on 30.08.1990 as Peon, and ceased to work on 18.01.1994, raised an industrial dispute that he was wrongly terminated, which resulted in a reference under Section 4-K of U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the "Act, 1947") by State Government vide notification dated 16.06.1995. The following reference was made for adjudication of respondent no. 1: xxx xxx xxx;