O.P.Garg, J. - (1.) By means of this writ petition under Article 226 of the Constitution of India, the order dated 17.12.1998 passed by the Presiding Officer. Labour Court. U.P. Gorakhpur in Misc. Case No. 75 of 1997 under Section 33C (2) of the U.P. Industrial Disputes Act (for short the Act) as well as further recovery proceedings in pursuance thereof have been challenged primarily on the ground that the award dated 28.3.1984 passed in favour of respondent No. 5 Virendra Pratap Singh is not enforceable against the petitioner as it was not a party to the Adjudication Case No. 11 of 1982.
(2.) On behalf of workman. respondent No. 5, Virendra Pratap Singh a caveat has been filed by Sri S.S. Rathore, who has made his submissions at the initial state of the filing of this writ petition. Sri Rathore urged that he does not want to file any counter-affidavit on behalf of respondent No. 5 and that this writ petition be decided on the basis of the material brought on record by the petitioner.
(3.) Heard Sri Rajesh D. Khare learned counsel for the petitioner and Sri S.S. Rathore, learned counsel for respondent No. 5 and the learned standing counsel.;