- (1.) At the instance of petitioner workman, the Additional Labour Commissioner referred the dispute for adjudication to the Labour Court, IInd, U.P. Kanpur, for answering the reference as to whether services of petitioner had been rightly terminated w.e.f. 21.8.2002 or not and to what relief workman is entitled.
(2.) The order sheet of the labour court has been annexed as Annexure-3 to the writ petition and it is stated that since the employer had not appeared, as such, service of notice was directed to be affected by way of publication. On 24.8.2011 service by way of publication was held to be complete upon the employer, but none appeared for the employer, therefore, direction was issued for the proceedings to be continued exparte as against the employer. On the next date i.e. 21.10.2011 exparte evidence of the workman was recorded and for the purpose of argument, matter was then adjourned to 30.11.2011. On 30.11.2011 again only the workman appeared and since none appeared on behalf of employer, therefore, exparte argument was heard and award was reserved.
(3.) Attention of the Court has been invited to the award in which reference is made to filing of a written statement by the employer in para 3 as well as the stand of the employer in the matter has been relied upon to answer reference against the workman.;