JUDGMENT :

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

1. Heard the parties.

2. This Writ Petition has been filed under Articles 226 of the Constitution of India with the prayer for issue of writ (s)/order (s)/direction(s) to quash and set aside the order dated 08.05.2023 passed by the Presiding Officer, Labour Court, Jamshedpur in I.D. Case No. 02 of 2018 whereby and where under, the Labour Court, Jamshedpur allowed the petition dated 30.06.2022 filed by the respondent no.3- workman under Order VI Rule 17 of Code of Civil Procedure, 1908 on erroneous findings that the petitioner-management has not examined any witness.

3. The brief facts of the case is that the respondent no.3-workman filed an industrial dispute under Section 2 (A) (2) of the Industrial Dispute Act, 1947 as amended by the Industrial Dispute (Amendment) Act, 2010 with a prayer to set aside the order of his illegal termination from the services by the Management-Writ petitioner along with reinstatement with full back wages and continuity of services with all benefits.

4. In the said I.D. Case No. 2 of 2018 one witness of the applicant-workman in the Labour Court, Jamshedpur has been examined, cross-examined and discharged a