S.S. Sudhalkar, J. - (1.) BY this writ petition, the workman is challenging the award of the Labour Court dated 11.4.1997, Copy Annexure P -1 as also the order dated 9.2.1999, Copy Annexure P -3.
(2.) BY the impugned award dated 11.4.1997, the reference was dismissed for non -prosecution by the learned Labour Court. By the order dated 9.2.1999, the application for restoration of the Reference Petition was dismissed. I have heard learned Counsel for the petitioner.
(3.) THE Labour Court in its order dated 9.2.1999 has observed that the reasons for the non -appearance of the petitioner, stated in the application and the deposition are different and, therefore, dismissed the same having no force. Copy of the application is at Annexure P -2. It is contended by the petitioner therein that on 24.2.1997, the petitioner fell ill and could not attend the court due to unavoidable circumstances nor he could inform his authorised representative. He has. also stated that the Court had passed an order taking ex parte proceeding against the petitioner on 24.2.1997 and after recovery, he went to the Clerk of the court , who told him that he will be intimated at his -home address because the file was not traceable.;