A.N. Varma, J. - (1.) This petition by an employer is directed against an award dated February 17, 1983 given by the Labour Court, Ghaziabad as well as the recovery certificate issued pursuant thereto by the Deputy Labour Commissioner against the petitioner.
(2.) The petitioner is a proprietorship concern having its factory at Sahibabad, U.P. At the relevant time sixty seven workmen were employed in the said factory, including Ramesh Chandra Sharma, the Respondent No. 4 herein. By a notice dated November 30, 1981 the petitioners purported to terminate his services with effect from the same date giving him one month's wages in lieu of the notice. It appears that at the instance of the concerned workman the U.P. Government by an order dated October 30, 1982 referred the following dispute to the Labour Court, Ghazaibad, under Section 4-K of the U.P. Industrial Disputes Act, 1947 : "Whether the services of Ramesh Chandra Sharma had been validly terminated by the employers on November 30, 1981 and, if not, to what relief was the workman entitled -
(3.) On receipt of this order the Labour Court issued summons to the petitioners on December 8, 1982 by registered post along with registered post acknowledgement due card at the address given in the order of reference, namely, Messrs. Maharwar Engineering Works, 58-B, Site No. 4, Industrial Area, Sahibabad, Ghaziabad, fixing January 18, 1983. On that date, the Presiding Officer passed an order stating - 'the employers are absent, the acknowledgement due card has rot been received back. The workman is present. Fix 3-2-1983 for hearing'.;