JUDGMENT 1. -By this petition for writ, a challenge is given to the award dated 10.08.2001 passed by the Labour Court, Jodhpur in an industrial dispute referred to it by the State Government on 18.07.1995. 2. Noticeable facts of the case are that the dispute aforesaid, at the first instance, came to be adjudicated and decided by the Labour Court vide award dated 16.03.1998 ex parte. An application was preferred by the employer to re-call the ex parte award dated 16.03.1998 and that came to be accepted under an order dated 17.02.1999 in following terms: " izkFkhZ & fu;kstd dk izkFkZuk i= Lohdkj dj vkns'k fn;k tkrk gS fd ;fn izkFkhZ fu;kstd :i;s 10]000@& ( nl gtkj :i;s ) pSd@M~kQ~V ds ek/;e ls iwoZHkwfr ds rFkk :i;s 1000@& ( ,d gtkj ) O;; dk;Zokgh ds Jfed dks vnk djs ftlesa ls :i;s nl gtkj fdlh cSad esa fuos'k fd;s tk;saxs ftldk C;kt Jfed dks ns; gksxk rFkk jde fdldks nh tkos ;g izdj.k ds fu.kZ; ij fuHkZj djsxk ;k izkFkhZ fu;kstd Jfed dks mlh :i esa lsok esa iquZLFkkfir djs ftl :i esa fd mldk lsok esa vkuk lekIr gqvk tc og fu;ksftr Fkk rd ,d gtkj :i;s O;; dk;Zokgh ds vnk djs bl dh tkus okyh lsok o fu;kstu ds vk/kkj ij Jkfed dks fdlh rjg ds dksbZ vf/kdkj mRiUu ugha gksaxs] rks Je okn la0 71@95 esa fnukad 15-03-1998 dk ,di{kh; ,okMZ vikLr dj dk;Zokgh f}i{kh; djus dk vkns'k fd;k tkrk gSA " 3. From perusal of the terms referred above, it is apparent that the award dated 17.03.1998 was set aside only on the conditions that: (1) the employer shall make payment of Rs.10,000/ against back wages to the workman and also a sum of Rs.1000 against necessary expenses. The payment aforesaid was made subject to final decision of the award; or (2) to reinstate the workman with payment of a sum of Rs.1000/- against legal expenses. 4. The Labour Court by the award impugned dated 10.08.2001 without adherence of the terms for setting aside the ex parte order by the employer, adjudicated the dispute afresh and held that the workman was not entitled for any relief being retrenched validly. 5. 4. The Labour Court by the award impugned dated 10.08.2001 without adherence of the terms for setting aside the ex parte order by the employer, adjudicated the dispute afresh and held that the workman was not entitled for any relief being retrenched validly. 5. While assailing validity of the award dated 10.08.2001, the contention of learned counsel for the petitioner is that without adhering the terms imposed under the order dated 17.02.1999, the Labour Court could have not proceeded with the matter to decide the dispute afresh. It is not in dispute that the terms imposed by the Labour Court for setting aside the ex parte order were not satisfied by the employer and, therefore, apparently the Labour Court erred while adjudicating the dispute on merits. As a matter of fact, because of non-compliance of the terms made under the order dated 17.02.1999, the award dated 16.03.1998 could have not been treated as set aside, as such, the award dated 10.08.2001 is apparently bad, the same, therefore, deserves to be dismissed. 6. Accordingly, this petition for writ is allowed, the award dated 10.08.2001 is quashed, however, looking to the interest of justice, it is kept open for the employer to adhere the terms referred in the order dated 17.02.1999 within a period of4 three months from today and to pursue the dispute afresh. In the event, the employer fails to make compliance of the terms under the order dated 17.02.1999 within the period prescribed, the award dated 16.03.1998 shall stand restored and the respondent-workman shall be at liberty to initiate appropriate proceedings for compliance of the award referred aboveWrit Petition Allowed *******