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2005 DIGILAW 245 (DEL)

A. I. I. M. S. v. RAJINDER SINGH

2005-02-24

MUKUL MUDGAL

body2005
JUDGMENT CM. 2152/05 (Exemption) Allowed subject to all just exceptions. Filing of the certified copies of the documents/orders stands exempted. CM stands allowed and disposed of accordingly. WP(C) No. 2926/05 and CM 2151/05 (stay) While I am not entirely satisfied with the reasoning contained in the Order dated 8th October, 2004, passed by the Industrial Tribunal No. 1, Karkardooma Courts, Delhi (hereinafter referred to as the 'Tribunal'), setting aside the order against the work man/respondent dated 4th July, 2003 closing the evidence of the respondent No. 1/workman, considering the fact that the matter is now being heard on merits before the Tribunal, this Court is not inclined to interfere with the impugned order. In this view of the matter, Mr. Gupta does not press this writ petition and seeks leave to withdraw the same. However, he makes a grievance that a similar relief for setting aside the adverse order of closure of evidence as has been granted to the workman/respondent by the Tribunal is not available to the petitioner/management when such an indulgence is sought before the Tribunal/Labour Court. This plea shall be examined in an appropriate case as and when this issue arises. Accordingly the writ petition is dismissed as withdrawn with the aforesaid observations. The writ petition as well as the stay application stand disposed of as having withdrawn.