JUDGMENT 1. In response to the notice issued by this Court on 2nd November 1987 appearance has been entered on behalf of Respondent No. 3, the General Manager, District Co-operative Bank, Azamgarh. 2. The petition impugns the award of the Labour Court, Varanasi, dated 29th January, 1986 arising out of Adjudication Case No. 91 of 1983. Parties at the Bar are agreed to the order which is being made. 3. The issue upon reference made to the Labour Court was whether services of the petitioner as workman have been terminated on 11 September 1981 illegally and without cause. Instead of answering the merits of the matter referred for adjudication, the Presiding Officer disposed of the matter on technicality. 4. The Presiding Officer observed that whereas the reference order refers to the date of termination of services as 11th September, 1981 the workman concerned has made a statement that his services were terminated on 13th September, 1981. In view of this discrepancy, the Presiding Officer took the view, in effect, that either the order of reference must incorporate a change in the date of the termination as alleged or the workman concerned has made a wrong statement and is not entitled to any relief. 5. The proposition appears to be too technical to deny the workman concerned an adjudication on merits. On this ground should the Presiding Officer have pursued the calender of 1981 he would have known that 12th September, 1981 was a second Saturday and 13 September 1981 a Sunday and thus, the workman concerned could have made a mistake in reference to the date of his termination. Even Respondent No. 3 as employer has made no issue on this aspect, at the Bar here. 6. The award as it stands is without adjudication on merits and it must be quashed. 7. The matter is remanded back to the Labour Court aforesaid which will treat the date of termination as 11th September, 1981 and thereafter proceed to consider the matter under reference on merits. The adjudication before the Labour Court, regard being had to the fact, that the reference was made in 1983, must conclude by 31st March 1988. In this regard parties at the Bar have given an assurance that as far as possible they would not seek adjournment. 8. In the light of the observations made the impugned award of 29t January, 1986 is being quashed.
In this regard parties at the Bar have given an assurance that as far as possible they would not seek adjournment. 8. In the light of the observations made the impugned award of 29t January, 1986 is being quashed. The petition is allowed. 9. There will be no order is to costs.