ANJANI KUMAR, J. - (1.) This is a petition by the employer against the order passed by the Presiding Officer, Labour Court, dated April 28, 1993 whereby in pursuance to the direction issued by the State Government the Labour Court has recalled the order dated July 10, 1981 and maintained the award dated March 2, 1981. The employer approached this Court by means of this writ petition under Article 226 of the Constitution of India.
(2.) The facts leading to filing of this writ petition are that the State Government referred the following dispute for adjudication to the Labour Court-V, U.P. Kanpur which was 5 registered as Adjudication Case No. 293 of 1973: " Vernacular matter omitted."
(3.) The employers have put in appearance 10 and filed their written statement with preliminary objections. The parties have exchanged their pleadings. Ultimately the Labour Court had answered the reference ex pane on December 16, 1980. Against the aforesaid ex pane award the employers filed an application and the Labour Court by its order dated July 10, 1981 set aside the aforesaid award on the cost of Rs. 100/- payable to the workman concerned. On the same date on the basis of affidavit filed on behalf of the employers, the Labour Court answered the. reference in terms of the statement made by the employers. This order is annexed as Annexure-7 to the writ petition. By the aforesaid order dated October 13, 1981 the employers have agreed to pay an amount of Rs.. 3174/- as ex-gratia and also the retrenchment" compensation provided that the workman shall not claim reinstatement. The reference, therefore, is answered as stated above in the aforesaid terms.;