1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. O R D E R Poonam Chand Panchariya Vs. The Judge Industrial Disputes Tribunal & Labour Court, Jodhpur and Anr. S.B.CIVIL WRIT PETITION NO. 542/2008 Date of Order : : 17/02/2009 PRESENT HON'BLE MR. JUSTICE H.R. PANWAR Mr. D.K.Sharma, for the petitioner. None present for the RSRTC though served. BY THE COURT: By order dated 25.1.2008 notice was issued to the respondent. Despite service of notice, the respondent RSRTC failed to appear and therefore, by order dated 13.8.2008 notice for final disposal at the admission stage was directed to be issued and notice in pursuance thereof has been served as per office report dated 5.2.2009. However, no one appears for the respondent RSRTC. Heard learned counsel for the petitioner. 2 By the instant writ petition under Article 227 of the Constitution of India, the Award Annex.1 dated 11.1.2001 has been challenged by the petitioner. It is contended by learned counsel for the petitioner that the Appropriate Government made a reference by notification dated 20.4.1999 to the respondent Industrial Disputes Tribunal and Labour Court, Jodhpur (for short 'the Labour Court' hereinafter). The Labour Court by the award impugned made a “No Dispute Award”. According to the learned counsel for the petitioner, there is no word like “No Dispute” in the Industrial Disputes Act. It was incumbent on the Labour Court to have answered the reference either way. Learned counsel for the petitioner has relied on a Division Bench decision of this Court in Pappu Ram Vs. The Labour Court, Jodhpur and Ors. reported in 2005 (3) W.L.C. (Raj.) 616 wherein the Division Bench of this Court held that 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 dos 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 3 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 concerned, may obtain additional material, if so required. In view of the Division Bench decision of this Court referred herein above, in my view, the award impugned cannot sustain and is liable to be set aside. Consequently, the writ petition is allowed. The impugned award Annex.1 dated 11.01.2001 passed by the respondent Labour Court is set aside and the matter is remitted to the respondent Labour Court to adjudicate the reference referred to it on merit after serving a fresh notice to the parties. No order as to costs. (H.R. PANWAR), J. rp