- (1.) RAKESH Tiwari, J. Heard Sri Shyam Narain, learned Counsel for the petitioner assisted by Sri Sudhanshu Narain, Advocate and the learned Standing Counsel appearing for the respondents.
(2.) THIS writ petition has been filed by M/s Uptron Powertronics Employees Union through its Secretary challenging the validity and correctness of the order dated 7. 3. 2008 passed in Misc. Case Nos. 4 of 2006 and award dated 8. 7. 2005 published on 19. 12. 2005 passed by the Labour Court (2), U. P. Ghaziabad in Adjudication Case Nos. 346 of 2003 by which the following matter of dispute referred to it for adjudication in exercise of powers under Section 4-K of the U. P. Industrial Disputcsact, 1947. @ HINDi By the aforesaid award the Labour Court has held that si?ce the cause of action has arisen at the instance of the workmen for adjudication it was their duty to prove their case but they have not done so and have neither even filed their written statements nor have adduced any evidence before the Labour Court. Percontra, the employers have filed their written statements and also filed the documentary evidence in support of their case. By its award dated 8. 7. 2005 the Labour Court has held that : @ HINDi The contention of learned Counsel for the petitioner is that the petitioner nad given necessary instructions, authority letterand papersto its re-presentative Sri Dhanpal Singh Tyagi who by mistake kept the same in some other file and did not attend the case as such the case was decided exparte in favour of the employers as aforesaid.
(3.) IT is also stated that though the award was published on the notice-board on 19. 12. 2005 it was received by the petitioner Union on 13. 2. 2006. Thereaftera restoration application along with an affidavit was filed by Sri Dhanppl Singh before the Labour Court on 1 7. 2. 2006 and the employers filed their objections to the restoration application. After hearing parties the Labour Court vide order dated 7. 3. 2008 dismissed the restoration application of the petitioner. As regards question of delay the Labour Court held : @ HINDi;