AI Structured Summary
Not yet generated for this judgment
Judgment
Gurdev Singh, J.—Heard.
This revision petition under Article 227 of the Constitution of India is for quashing the orders dated 26.11.2009 and 18.8.2010 passed by the Presiding Officer, Labour Court, Faridabad, vide which the evidence of the Petitioner was closed by order and the application filed by it for review of that order was dismissed.
It is reflected from those orders that six opportunities were granted to the Petitioner for leading its evidence. It has been submitted by counsel for the Petitioner that the Petitioner is the instrumentality of the State and the erring official has already been charge-sheeted for not making any effort to produce the evidence in the Court.
The claim petition is between the worker and the management. This Court is of the opinion that the worker can be suitably compensated if one more opportunity is granted to the Petitioner to lead its evidence so that the matter can be decided on merits.
The giving of notice to the Respondent will not only further delay the disposal of the old claim petition but will unnecessarily burden him. Any prejudice likely to be caused to him for deciding this revision petition, in his absence, is going to be suitably compensated by costs. As such revision is being decided without issuing notice to him.
In the interest of justice, impugned orders dated 26.11.2009 and 18.8.2010 are hereby set aside and the Petitioner is allowed one more effective opportunity to produce its evidence and it shall conclude the evidence on the date to be fixed by the Presiding
Officer of the Labour Court and this opportunity shall be subject to the payment of Rs. . 10,000/-as costs.
Revision petition is disposed of accordingly.