WPMS No. 3806 of 2001 (Old No. 10081/1998) Hon’ble P.C. Verma, J Sri P.C. Jhingan, learned counsel for the petitioner, Sri H.M. Raturi, learned Standing Counsel for the State of Uttarakhand / respondent no. 1 and Sri T.A. Khan, learned counsel for respondent no. 2 are present. Petitioner has challenged the award dated 31.05.1997 passed by the Labour Court published on 16.12.2007. The petitioner has challenged the impugned award only on the ground that representative of the petitioner i.e. respondent no. 3 has wrongly made a statement before Labour Court that petitioner does not want to press the reference whereas petitioner was taking full interest in the case. Legal representative of the petitioner, who represented the petitioner in the Labour Court, is also arrayed as respondent no. 3 in the present writ petition but despite service, respondent no. 3 did not turn up. It is a clear-cut case of fraud played upon the petitioner by legal representative / respondent no. 3 and fraud vitiates the solemn proceedings. Therefore, award dated 31.5.1997 passed by the Labour Court published on 16.12.2007 is set aside. The case is remanded back to the Labour Court to decide the case on merit within four months from the date of production of certified copy of this order. Writ petition is disposed of accordingly. (P.C. Verma, J) 19.06.2008 SKS