Anjani Kumar, J. - (1.) The employers Nagar Palika Parishad, Mirzapur aggrieved by an award of the Labour Court, U.P., Allahabad dated 13th March, 1995, passed in adjudication case No. 38 of 1993, which is an ex-parte award and the order dated 6th June, 1997 refusing to set aside the ex- parte award, approached this Court by means of present writ petition under Article 226 of the Constitution of India, copies whereof are annexed as Annexure- '7' and '11' to the writ petition.
(2.) The following reference was made to the Labour Court for adjudication:- 5RT
(3.) The Labour Court has given the aforesaid award ex-parte after recording a finding that inspite of service of notice from the Labour Court by Registered post A/D, nobody appeared on behalf of the employers. The employers thereafter moved a recall application for setting aside the ex-parte award, which application has been rejected by the Labour Court on the ground that no sufficient cause has been given for making the application at the belated stage. The chequered history between the parties of the litigation clearly demonstrates that the workman concerned had approached the U.P. Public Service Tribunal, which found that the claim petition moved on behalf of the workman is not maintainable. Thereafter the workman preferred a writ petition before this Court, which also found that the writ petition is not maintainable, as the petitioner has a remedy by way of raising an industrial dispute. The workman concerned thereafter raised a dispute, which has been referred to the labour Court, as stated above.;