CWP No. 8003 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CWP No. 8003 of 2009
Date of decision July 6, 2009
Municipal Council, Dharamkot, District Moga, Punjab
....... Petitioner
Versus
The Presiding Officer, Labour Court, Bathinda, Punjab and another
........Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- Mr. Anand Chibbar, Advocate
for the petitioner.
****
1. Whether reporters of local newspapers may be
allowed to see the judgment ? No
2. To be referred to the reporters or not? No
3. Whether the judgment should be reported in the
digest? No
K. Kannan, J (oral).
1. The writ petition is to set aside an order passed
by the Presiding Officer on 25.11.2008 closing the side of the management
on the ground that no witness was present. All that the petitioner seeks is
that one opportunity to be given on the ground that the absence on the
date when the case was posted was on account of the reason beyond his
control.
2. Having regard to the limited prayer that is sought
for in the petition, I dispense with notice to the respondent and direct that
the Management will have one opportunity with at least two effective dates
of hearing to produce its evidence before concluding the matter. For that
laxity on the part of the Management the workman ought not to suffer and
therefore, the impugned order dated 25.11.2008 is set aside on condition
that the Management pays costs of Rs.2500/- to the workman on or before
CWP No. 8003 of 2009 2
30.7.2009 failing which the order of the Labour Court, Bathinda already
passed shall stand confirmed.
3. The writ petition is disposed of in the above terms.
(K. KANNAN)
JUDGE
July 6, 2009
archana