Court No. - 6 Case :- WRIT - C No. - 39289 of 2010 Petitioner :- Nagar Palika Parishad Loni Ghaziabad Thru' Its Executive Off Respondent :- Presiding Officer Lalbour Court (I), U.P. At Ghaziabad &Anr Petitioner Counsel :- S.S. Shukla Respondent Counsel :- C.S.C.,V.K. Yadav Hon'ble Prakash Krishna,J.
Challenging the award dated 9.11.2009 passed by the Labour Court, the
present writ petition has been filed. The Labour Court has recorded a
categorical finding that the petitioner-employer inspite of repeated
opportunity granted to him failed to produce any evidence in support of its
case. None appeared on behalf of the petitioner-employer to cross examine
the workman.
In the fact situation, the Labour Court has rightly accepted the oral testimony
of the respondent-workman.
The learned counsel for the petitioner could not give any reply as to why an
application to set aside the said ex parte award was not filed. This gives an
impression that purposely the petitioner did not appear before the Labour
Court.
The learned counsel for the petitioner could not point any legal error in the
impugned award. The only submission is that the dispute was referred after a
considerable period of time. Be that as it may, it is not a fit case for
interference under Article 226 of the Constitrution of India.
The writ petition is dismissed summarily.
Order Date :- 9.7.2010
IB
(Prakash Krishna,J)