IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.18679 of 2009
Date of decision:07.12.2009
D. N. Saini ....Petitioner
versus
Presiding Officer, Labour Court-cum-Industrial Tribunal-I, Gurgaon and
another
...Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
----
Present: Mr. Pankaj Jain, Advocate, for the petitioner.
----
1. Whether reporters of local papers may be allowed to see the
judgment ?
2. To be referred to the reporters or not ?
3. Whether the judgment should be reported in the digest ?
----
K.Kannan, J. (Oral)
1. The writ petition challenges the rejection of a request sought
by the petitioner for letting him further evidence. The justification for
the petitioner was that on the date when the case was posted for giving
evidence, the counsel was engaged in the Hon’ble Delhi High Court in
yet another case and, therefore, he was not able to attend the Court. The
Labour Court found that the petitioner’s side had been closed as early as
on 13.12.2007 and he had availed to himself several opportunities to let
in evidence, but he has not completed his side. The Labour Court,
therefore, rejected his plea.
Civil Writ Petition No.18679 of 2009 -2-
2. Counsel for the petitioner requests for one more opportunity
for concluding his evidence. The claim relates to an adjudication of an
industrial dispute sought at the instance of the workman and interest of
justice requires that the workman is granted full opportunity. Although
no patent error is found in the order of the Labour Court, I still think that
the workman would be grated an opportunity as a measure of grace. At
the hearing before the Labour Court, the petitioner shall produce a copy
of the order and he shall be permitted an opportunity to produce his
evidence. The impugned order is set aside and the petitioner is entitled
to such liberty as aforesaid.
3. Having regard to the fact that the case has been referred for
adjudication in 2001, I do not want the pendency of the writ petition to
cause further delay and therefore, I hasten to pass directions even at the
stage of admission, waiving notice to the respondent.
4. The writ petition is allowed in the above terms. No costs.
(K.KANNAN)
JUDGE
07.12.2009
sanjeev