Tarun Agarwala, J. - (1.) HEARD the learned Standing Counsel for the petitioner and Shri Sudhanshu Narain, the learned Counsel for respondent. The petitioner has challenged the validity and legality of the award passed by the Labour Court directing reinstatement of the workman with full back wages. It appears that the workman was employed on a daily rated basis and his vices was dispensed with on 25th of April, 1989. The workman raised an Industrial dispute, which was referred for adjudication before the Labour Court. appears that the written statement was filed by the employers within the period granted by the Labour Court, and thereafter, the employers also filed the rejoinder affidavit to the statement of the claim filed by the workman. It further appears that the employers moved an amendment application for amendment of written statement, and since the authorised representative of the employers could not explain the basis for filing the amendment application, the Labour Court, by its order, directed the Executive Engineer, to appear before the Labour Court.
(2.) SINCE the Executive Engineer did not appear on the date fixed, the Labour Court passed an order directing that the written statement filed by the employers would not be taken into consideration. Subsequently, by another order, the Labour Court rejected the rejoinder affidavit already filed by the employers. A recall application was filed by the employers which was duly rejected, and consequently, the Labour Court gave an award dated 2nd December, 1993 under Rule 12(9) of the U.P. Industrial Disputes Rules. The employers, being aggrieved by the said award, has filed the present writ petition. At the time, when the writ petition was entertained, an interim order was passed directing the employers to reinstate the workman, pursuant to which, it has been stated that the workman has been reinstated, and that, his services has also been regularised.
(3.) HAVING heard the learned Counsel for the parties and having perused the award, this Court finds that the power to summon a person is provided to the Labour Court under section 5 -C of the U.P. Industrial Disputes Act, which provides that the Labour Court is vested with the power. to enforce the attendance of any person and examine him on oath.;