- (1.) THIS matter came up today for its disposal in the spirit of Lok Adalat. This petition for writ is preferred to question correctness of the order dated 01.10.1996 passed by the Labour Court, Bhilwara in Labour Case (Misc.) No.8/1994.
(2.) BRIEFLY stated, facts of the case are that the Labour Court, Bhilwara passed an award on 04.03.1993 answering a reference made to it by the appropriate government under a notification dated 10.11.1989. The Labour Court arrived at the conclusion that the retrenchment of workman Bheru Lal was in violation of the provisions of Section 25 -F of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947), as such, while declaring the retrenchment bad, a direction was given to the employer to reinstate the workman with 50% of back -wages accrued. Suffice to mention that the award was passed ex parte. An application was filed by the employer on 25.02.1994 after publication of the award to recall the same and set aside the ex parte proceedings. Under the order impugned, the application came to be rejected. Learned counsel for the respondent -workman, at the threshold, stated that if the employer agrees to reinstate the workman in service, he shall forego the wages. In alternative, he also made an offer for grant of reasonable compensation.
(3.) LEARNED counsel for the petitioner desires to have order on merits.;