R.P.VYAS, J. - (1.) THE Manager -M/s. Mittal steel Manufacturing Company has filed the instant petition with a prayer that the award dated 17.12.2003 (Annexure 6), passed by the Judge, Labour Court, Jodhpur, in Labour Case No. 254/2001, may be quashed and set aside.
(2.) BRIEF facts giving rise to the instant petition are that Chotha Ram -Respondent No. 1 made an application before the Joint Labour Commissioner, Jodhpur, on 16.3.1999, stating therein that on 11.1.1998, he was appointed as Mistry by M/s. Mittal Steel Manufacturing Company of the petitioner and he worked there upto 10.3.1999. In response to the Notice, the petitioner -company filed a reply on 14.7.1999, stating therein that Respondent No. 1 -workman was neither appointed by the petitioner -company as Mistry, nor he worked with the employer. In support of the reply to the notice, the petitioner -company submitted the Attendance Register for the period January, 1998 to March, 1998 before the Conciliation Officer.
(3.) THE Conciliation Officer, after hearing both the parties, submitted his Failure Report (Annexure 1) to the State of Rajasthan, wherein it was mentioned that the name of respondent No. 1 was not shown in the Attendance Register.;