Arun Tandon, J. - (1.) This writ petition has been filed against the order of the Labour Court dated 23rd September, 1988 whereby the Labour Court had rejected the application of the employers for setting aside the award passed ex parte by the Labour Court.
(2.) Heard Sri A.B. Saran, Senior Advocate, assisted by Sri Parmatma Rai, learned counsel for the petitioners, Sri Y.K. Sinha, learned counsel for the respondent No. 1 and learned Standing Counsel for the respondent No. 2.
(3.) Respondent No. 2 raised an industrial dispute, which was referred for adjudication by the State Government to the Labour Court, Ghaziabad by means of the notification dated 29th September, 1986 under Section 4-K of the Industrial Disputes Act. The said case was registered as Adjudication Case No. 400/86. The Labour Court issued notices to the employers fixing 27th November, 1986 as the date in the matter. On 27th November, 1986 there was a general strike of the employees of the Labour Court, as a result whereof neither the petitioners could appear nor the next date in this matter was communicated to the employers. The employers, in these circumstances went back without being informed of the next date in the matter. By means of the ex parte award dated 4th March 1987, the Labour Court, answered the reference in favour of the workmen. The award was forwarded to the employers by registered letter dated 18th July, 1987, which was received by the employers on 25th July, 1987 and within ten days thereto on 28th July, 1987, on application for setting aside the ex parte award was filed by the employers, which was contested by the workmen. The Labour Court by means of the impugned order dated 23rd September, 1988 has rejected the aforesaid application of the employer.;