GANGA Vs. LOKESH GARMENT (P) LTD

JUDGEMENT

(1.) By this writ petition filed under Articles 226 and 227 of the Constitution of India the petitioner has prayed for the issuance of a writ of certiorari/ an order/ direction calling for the records of I.D. No. 742/2006 from the Presiding Officer, Labour Court - XVIII and for setting aside award dated 05.03.2008.

(2.) The facts leading up to filing of the present writ are that the petitioner was working as a Stitching Operator with the Respondent and earning wages of Rs. 2833/- per month when her services were terminated on 02.09.2002 in complete disregard of the principles of natural justice. The petitioner raised the matter before the Labour Court - XVIII which came up as ID No. 742/2006. Statements of claim were filed on behalf of the petitioner as well as a co-worker Smt. Suman on 02.12.2003. In reply, the Respondent filed a written statement contending that the petitioner had abandoned her job after 31.08.2002. Issues were framed on 08.12.2005 and evidence of the petitioner and Smt. Suman was filed by way of evidence. Cross-examination was deferred once and then again on 11.05.2006 at which point the opportunity of the respondent management to cross-examine was closed due to non-appearance and the matter was adjourned to 23.08.2006. Again, the respondent sought an adjournment on the ground that it wanted to examine the witness and the matter was adjourned to 20.09.2006 at which date an application for reopening of cross-examination opportunity was filed. The same was allowed subject to cost and adjournment was given again.

(3.) Smt. Suman was cross-examined on 06.12.2006 while the petitioner's cross examination was adjourned to 20.01.2007 at which date though the petitioner was present, the absence of the respondent caused another adjournment for remaining evidence on 18.04.2007. Thereafter, adjournments were given in the matter at five consecutive hearings when finally the petitioner filed her affidavit of evidence of the management's witness and matter was adjourned to 01.11.2007 for cross examination of the respondent. As no witness was present on 01.11.2007, the matter was adjourned to 10.01.2008 and the management's evidence was closed. The matter was thereafter listed for arguments on 05.02.2008. The Labour Court by order dated 05.03.2008 directed payment of Rs. 1 lac as compensation to Smt. Suman and insofar as the petitioner was concerned, held that she was unable to prove her case.