S.U.KHAN, J. - (1.) AT the time of hearing (13.05.2009) no one appeared on behalf of contesting respondents hence only the arguments of learned counsel for the petitioner were heard.
(2.) ORDER passed on 13.05.2009 while reserving the judgment is quoted below: "List revised. No one appears for the respondent. Heard learned counsel for the petitioner. Learned counsel for the petitioner has argued that respondent no.4 workman was employed by the contractor-respondent no.5 and now the contractor is not doing any job for the petitioner still under the interim order passed by this Court petitioner is paying wages to the workman even though there is no work for him Judgment is reserved." Initially the petitioner was known as M/s. IEL Ltd. (Indian Explosive Limited).
(3.) IN the petitioner's factory at Kanpur canteen was being run by respondent no.5 M/s.Gaylords, Caterers and Confectioners. They had employed several persons in connection with canteen business including respondent no.4 Raj Kumar Melhotra. Respondent no.5 terminated the services of the respondent no.4 Industrial Dispute was raised and State Government made a reference to the Labour Court through notification dated 25.07.1979 to decide as to whether action of respondent no.5 terminating the services of its employee respondent no.4 w.e.f. 23.10.1978 was valid or not. Thereafter, on the application of respondent no.4 the reference was amended and petitioner was also impleaded therein as employer through notification dated 29.09.1984. The matter was registered as adjudication case no.292 of 1979 before presiding officer labour court I, Kanpur.;