- (1.) Petitioner-management, on 1.6.1997, inducted respondent No. 2-workman on the post of Burn Operator and he worked as such till 25.8.2000 when his services were terminated. Feeling aggrieved with his termination, the workman served a demand notice upon the management seeking reinstatement with continuity of service and full back-wages. On failure of the reconciliation proceedings, the matter was referred to the Labour Court for adjudication. The workman filed claim statement before the Labour Court, taking the plea that his services were terminated illegally without any notice, charge-sheet or enquiry. Later, on account of nonappearance, vide order dated 19.2.2003 the management was proceeded against ex-parte. On production of ex-parte evidence by the workman, the Labour Court vide ex-parte award dated 7.5.2004 (Annexure P-2) held termination of his services as illegal and unjustified and consequently, ordered his reinstatement with continuity of service and full back-wages.
(2.) Hence, the present writ petition by the petitioner under Articles 226/227 of the Constitution of India, seeking quashing of ex-parte award dated 7.5.2004, Annexure P/2.
(3.) As per averments made in the present writ petition, the petitioner- management being aggrieved of the afore-stated ex-parte award, on 4.10.2004, filed an application for setting aside of the same but however during the pendency of said application the Presiding Officer of the Labour Court was withdrawn and that the said application has not been decided so far due to non-functioning of the Labour Court.;