- (1.) The appropriate Government by a notification dt. 13.10.1993 referred an industrial dispute to Labour Court, Udaipur for its adjudication in the terms "Whether termination of workman Ratna S/o Noorji, Cattle Guard by Regional Forest Officer, Banswara without adhering the provisions of Section 25-F on 18.05.1992 is valid and proper? If not, then for what relief, the workman is entitled?"
(2.) As per the statement of claim, the workman was employed by the employer on 01.03.1988 and he remained in service up to 17.05.1992. On 18.05.1992, he was discontinued from service by an oral order.
(3.) During the course of adjudication, as none was present to pursue the matter on behalf of the employer, ex parte proceedings were ordered to be initiated against the employer on 04.06.1994. The labour Court after recording statements of the workman passed an award on 22.10.1994, declaring the retrenchment of the workman bad, accordingly a direction was given to reinstate him in service with 50% of back wages. An application subsequently was filed by the employer as per the provisions of Rule 22A of the Rajasthan Industrial Disputes Rules, 1958 for re-calling the ex parte award. The application aforesaid came to be rejected by order dt. 04.01.997 by the labour Court on the count that despite service of notice no body appeared on behalf of the employer on 05.03.1994 and thereafter on 04.06.1994 also. Learned labour Court also found that no reason was mentioned in the application for remaining absent before the Court on the dates referred above. Being aggrieved by the order dt. 04.01.1997 and the award dt. 22.10.1994, this application for writ is preferred.;