Judgment 1. This special appeal is directed against the order of the learned Single Judge dated 011.2004 dismissing the writ petition. 2. The short facts giving rise to the instant special appeal are that the service of the appellant was terminated by order dated 31st March, 2000 on which he raised an industrial dispute, which was referred by the State Government to the Labour Court. 3. The Labour Court made a no industrial dispute award dated 17.08.2002 on the ground that inspite of repeated opportunity given, the appellant did not file the claim. The appellant has given detailed reasons of not filing the claim. There appears to be justified reason, it is not necessary to go into the same as the order of the Labour Court is not sustainable only on the ground that it was obligatory on it to answer the reference. This Court in Pappu Ram vs. The Labour Court, Jodhpur & Anr., reported in 2005 (3) RDD page 513, observed as follows:- "A Tribunal cannot answer an award made by appropriate Government under Section 10(1)(c) in the name of no industrial dispute award. The reference proceedings does not abate even on the death of workman what to talk of absence of workman. Thus, it is obligatory on a Labour Court or a Tribunal to answer a reference made under Section 10(1)(c) on merit after proper adjudication. It is for the Tribunal to evolve its own procedure in conformity with the rules and exercise the power vested with it to make an award on the basis of material available on record. The Court or the Tribunal with a view to settle the industrial dispute keeping in mind the sense of doing complete justice to the parties concern, may obtain additional material, if so required." 4. Consequently, the special appeal is allowed. The order of the learned Single Judge dated 011.2004 is set aside. The writ petition is allowed. The award of the Labour Court, Udaipur dated 31st March, 2000 is set aside. The Labour Court, Udaipur is directed to proceed in accordance with law.