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2012 DIGILAW 641 (RAJ)

Phool Chand Dhobi v. Judge, Labour Court, Ajmer

2012-03-14

MOHAMMAD RAFIQ

body2012
JUDGMENT 1. - This writ petition seeks to challenge the award dated 20.2.2004 whereby learned Labour Court-cum-Industrial Tribunal, Ajmer (for short, 'the Tribunal') has closed the evidence of the petitioner-workman and accordingly answered the reference in negative. 2. Learned Counsel for petitioner has argued that some dispute was going on between the Presiding Officer of the Tribunal and the petitioner's Advocate and for that reason the petitioner had to suffer. On certain dates, the Presiding Officer was not available and on two dates immediately before the impugned award was passed the petitioner workman was present but for the reasons best known to the Presiding Officer, his cross- examination did not take place. The matter was fixed on 20.2.2004 for cross-examination of the petitioner but on that very date the learned Presiding Officer of the Tribunal has passed the impugned award by closing evidence of the petitioner. If the evidence was to be closed on that date, the matter ought to have been deferred to final arguments for at least one date, but the learned Presiding Officer of the Tribunal answered the award on that date itself. 3. Learned Counsel for the respondent opposed the writ petition. 4. Having regard to the facts and circumstances of the case, in the interest of justice, I deem it appropriate to grant one more opportunity to the petitioner-workman. The impugned award dated 20.2.2004 of learned Tribunal in CITR 04/1998 is, therefore, set aside. The matter is remanded back to the learned Tribunal. The parties to appear before the Labour Court-cum-Industrial Tribunal, Ajmer, on 16.4.2012, on which date the petitioner would be cross-examined on his affidavit, which is already on the record, and thereafter the learned Tribunal shall fix any further date in the matter requiring the respondent-Management to adduce and conclude their evidence within three months. After that, the final award shall be passed by the learned Tribunal in the matter within three months thereafter. 5. With aforesaid direction, the writ petition is disposed of. This also disposes of the stay application.Petition Disposed of. *******