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2013 DIGILAW 3130 (ALL)

Ram Autar v. Presiding Officer, Labour Court and Another

2013-12-20

ARVIND KUMAR TRIPATHI

body2013
Arvind Kumar Tripathi,J:- Heard learned counsel for the petitioner, learned Standing Counsel and perused the record. 2. By means of present writ petition the prayer is to issue writ of certiorari quashing the impugned order dated 7.11.2013 passed by respondent no.1. Case of the petitioner is that he was engaged as a helper in the establishment of respondent no.2 on 5.7.1988 and he was removed after 1.1.1996 without giving opportunity or any notice. The industrial dispute was referred under section 4 K of the Industrial Dispute Act on 19.9.2002 and was registered as Adjudication Case No.310 of 2002. The case was dismissed in absence of the representative of the petitioner on 6.4.2007. When petitioner came to know regarding the ex-parte award then the restoration application was moved, however, the same was rejected. He further submitted that representative of the Union has not communicated to the petitioner. 3 Learned Standing Counsel opposed aforesaid prayer and submitted that notice was served on the address mentioned in the complaint on behalf of petitioner and as such rightly the restoration application was rejected. 4. Considered the submission of learned counsel for the parties. From perusal of the impugned order, it is clear that the address mentioned by the petitioner was of the address of the Union, as 234, Lal Jhanda Bhavon, Ambedkar Road, Ghaziabad and on that address summon was sent on 19.10.2006, which was served on 27.10.2006. Hence in view of the fact, admittedly the notice was served and as such there is no illegality in the impugned order rejecting the restoration application. The petitioner might have challenge award, in accordance with law, before the appropriate Court. 5. Accordingly, present writ petition is dismissed. ________________