N.N.MATHUR, SUNIL KUMAR GARG, J. - (1.) This special appeal is directed against the order of the learned single Judge dated February 21,2004 dismissing the writ petition.
(2.) A reference was made to the Industrial Tribunal-cum- Labour Court (hereinafterreferred to as the Tribunal) for adjudication of a dispute in terms of Section 10 of the Industrial Disputes Act on the question of termination of the services of the appellant-workman. The Tribunal issued a notice to the appellant fixing the date of hearing May 14, 1999 but neither the appellant nor his representative put his appearance on that day or any subsequent dates. Thus, the Tribunal by order dated November 18, 1999 passed no dispute award. Thr appellant- workman filed an application for restoration of the reference, but the same was dismissed by order dated October 5, 2002. The appellant challenged the said order and the award by way of petition under Article 226/227 of the Constitution of India. In support of the contention to the effect that the Tribunal instead of adjudicating the dispute referred could not have closed the matter simply by expressing its inability to record the finding saying "no dispute award" has relied upon a decision of the Apex Court in Virendra Bhandari v. R.S.R.T.C. & Ors., reported in 2002 (9) SCC 104 : 2002-III-LLJ-256. The learned single Judge distinguished the Virendra Bhandari's case on the ground that after passing of "no dispute award" by the Labour Court the Government made another reference on the same question, wherein, in the instant case no such reference was again made by the State Government.
(3.) Having heard learned counsel for the parties and on careful perusal of the impugned order, we are unable to agree with the view cxpressed by the learned single Judge. In Virendra Bhandari's case (supra) the Apex Court has in terms held that when there is no adjudication on merit it cannot be said that the industrial dispute does not exist. Court further observed thus 2002-III-LLJ-256 at p.257: "4. What is to be borne in mind in proceedings of this nature is that the industrial disputes are referred to the Labour Court or the Industrial Tribunal for maintenance of industrial peace and not merely for adjudication of the dispute between two private parties." ;