Anjani Kumar, J. - (1.) By means of present writ petition under Article 226 of the Constitution of India, the petitioners-employer have prayed for the following reliefs :- "(i) to issue a writ, order or direction in the nature of certiorari, calling for record of the case and quashing the impugned orders dated 16.1.1996 and 18.12.1996 (Annexure-'5' and '6'), both passed by respondent No. 1. (ii) to issue a writ, order or direction in the nature of mandamus, commanding the respondents, not to enforce the impugned orders dated 16.1.1996 and 18.12.1996, passed by respondents No. 1 against the petitioners on any ground and in any manner whatsoever. (iii) to issue ad interim mandamus, staying operation of the impugned orders dated 16.1.1996 and 18.12.1996, both passed by respondent No. 1 (Annexures-5 and 7 respectively). (iv) to issue any other suitable writ, order or direction, as this Hon'ble Court may deem fit and proper in the peculiar facts and circumstances of the case to meet the ends of justice. (v) to award costs of the petition to the petitioner."
(2.) From the prayers made in this writ petition, it is clear that the petitioners-employer are challenging the award of the Central Government Industrial Tribunal-cum-Labour Court, Kanpur dated 16th January, 1996, Annexure-'V' to the writ petition, in I.D. Case No. 253 of 1989, whereby the Industrial Tribunal answered the reference made to it under the provisions of Industrial Disputes Act in favour of the workmen.
(3.) The challenge is that the said award is an ex-parte award and further that the petitioners' application for setting aside the ex-parte award has illegally rejected by the Tribunal vide its order dated 18th December, 1996. From the assertions made in paragraph 1 of the writ petition, the following dispute was referred to the Tribunal for adjudication :-" Whether action of the management of parcel loading at Kanpur station of Northern Railway in terminating the services of workmen at Annexure 'A' with Effect from 11.9.86 is legal and justified? If not, to what relief the concerned workmen are entitled?";