Rakesh Tiwari, J. - (1.) Heard counsel for the respective parties.
(2.) This writ petition has been preferred against an award dated 25.1.1997 passed by the Labour Court (1st), Ghaziabad in Adjudication Case No. 111/93 and subsequent recovery proceedings in pursuance of the award dated 25-4-1998.
(3.) Brief facts of the case are that the petitioner was manufacturer of shoes. Respondent No. 3 was appointed as a stretcher on 1-11-1989. The Production Supervisor reported to the management on 23-4-1990 that respondent No. 3 had assaulted and tried to murder the Supervisor. On the basis of the report dated 23-4-1990 the respondent-workman was suspended for ten days pending investigation. The Supervisor reported for duty after ten days of the suspension. However, respondent No. 3 did not report for duty and stopped coming to the factory. He initiated conciliation proceedings before the Regional Conciliation Officer which is numbered as 60/90. During the conciliation proceedings the employer pointed out and also wrote a letter dated 10-9-1990 to the Regional Conciliation Officer that as per his direction on 7-9-1990 the respondent-workman had himself stopped coming to the factory in spite of direction to join his duties as directed during the proceedings, but after working for a day he did not come for duty. The counsel for the petitioner submits that from the aforesaid conduct of the respondent-workman, it is evident that he was not willing to join the establishment. The case was referred to the Labour Court by the State Government for adjudication. The following reference was referred to the Labour Court (1st) Ghaziabad where it was registered as Adjudication Case No. 111/93 : ..(VERNACULAR MATTER OMMITED)..;