WPMS No.1143 of 2008 Hon’ble Tarun Agarwala, J. Heard Mr. Pankaj Miglani, the learned counsel for the petitioner and Mr. Narendra Bali, the learned counsel for the respondent. A dispute under Section 4-K of the U.P. Industrial Disputes Act was referred to the Labour Court for adjudication with regard to the validity and legality of the order of termination dated 07.09.2002 against the petitioner. The petitioner contended that he had worked from 1970 to 2002 without any break in service and that the employer arbitrarily terminated his services on 07th September, 2002. These facts were clearly stated in the written statement filed by the workman. Inspite of the notices, the employer did not appear nor filed any written statement. Accordingly, the averments contained in the written statement of the workman, which was accompanied by an affidavit, remained unrebutted. Inspite of the averments of the workman remaining unrebutted, the Labour Court gave an award declining to allow the claim of the workman and gave an award against him. The petitioner, being aggrieved, has filed the present writ petition. Upon hearing the learned counsel for the parties, the court finds that the Labour Court has not divested to the provisions of sub-clause (9) of Rule 12 of the U.P. Industrial Disputes Rules, 1957. For facility, the said provision is extracted hereunder:- 12. Proceedings before the Labour Court or Tribunal. (1)………. (9) If the affidavit accompanying the written statement of the union or the workmen is not rebutted by the employers, the Labour Court or the Tribunal, as the case may be, shall presume the contents of the affidavit to be true and make an award accepting the facts stated in the written statement.” In the light of the aforesaid provision, it is apparently clear that if an affidavit accompanying the written statement is not rebutted by the employer, the labour court shall presume the contents of the affidavit to be true and make an award accepting the facts stated in the written statement. If the contents of the affidavit are unrebutted, the labour court has no other option, but, to make an award in terms of the written statement. In the light of the aforesaid, the labour court has committed a manifest error in declining to grant the relief to the workman. Accordingly, the award cannot be sustained and is quashed. The writ petition is allowed. The matter is remitted to the labour court to decide the matter afresh in accordance with law. (Tarun Agarwala, J.) -2- Dated 19.12.2011 LSR