IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Civil Revision No. 7648 of 2009

Date of Decision : December 22, 2009

B.S.Khurana

....Petitioner

Versus

M/s Maruti Udyog Limited Now Maruti Suzuki Ltd., Gurgaon

.....Respondent

CORAM : HON'BLE MR. JUSTICE T.P.S. MANN

Present :

Mr. Ashok Tyagi, Advocate

T.P.S. MANN, J. (Oral)

The present revision under Article 227 of the Constitution of

India has been filed by the Workman for challenging the order passed by

the Labour Court-I, Gurgaon on 7.12.2009 whereby his evidence was

closed by order.

A perusal of the impugned order would reveal that on

11.11.2009 the Workman had been given one more opportunity to adduce

his evidence after his evidence was earlier closed on 15.7.2009. Even

then no evidence of the Workman was present. Instead, one more date

was requested due to the illness of the Workman. Though an application

alongwith medical certificate was placed on the file but according to the

Presiding Officer of the Labour Court, it did not prove that the Workman

was sick and unable to move and adduce evidence. Even the latest

medical certificate had not been placed on the file. Therefore, no case

was made out for further adjournment and the evidence was, accordingly,

C.R. No. 7648 of 2009

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closed.

Learned counsel for the Workman-petitioner submits that on

11.11.2009, the learned Presiding Officer of the Labour Court while

granting one more opportunity to the Workman directed him to deposit

the process fee and diet money for presence of witnesses within three

days. However, the petitioner had fallen sick on 10.11.2009 and could

recover from the said ailment only on 1.12.2009. After becoming fit, the

petitioner filed an application for adjourning the proceeding or providing

one effective opportunity to him to lead evidence but his request was

turned down by the learned Presiding Officer on the ground that no latest

medical certificate had been produced by him. Prayer has, accordingly,

been made for grant of one last opportunity to the petitioner to adduce his

entire evidence.

Without commenting on the merits of the stand taken on

behalf of the petitioner but keeping in view the interest of justice, the

present revision is disposed of by directing the Presiding Officer, Labour

Court-I, Gurgaon, to grant one more opportunity to the Workman-

petitioner for leading his evidence at his own responsibility, subject to

payment of Rs.3,000/- as costs. The costs be deposited with the District

Legal Services Authority, Gurgaon.

( T.P.S. MANN )

December 22, 2009

JUDGE

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