HUKUM SINGH Vs. AVDESH SINGH

JUDGEMENT

(1.) BY way of the present appeal, the appellant seeks to challenge the impugned award dated 4. 5. 2007, whereby the claim petition filed by the appellant was dismissed.

(2.) THE short issue involved in the present case is as to whether the order of the Tribunal dismissing the claim petition filed by the appellant can be justified simply because the appellant had failed to adduce his evidence even after taking three dates in this regard. Counsel for the appellant contends that the appellant could not adduce the evidence before the Tribunal as he had applied to obtain certified copy of the criminal court record, but the same were not made available by the Copying agency of the Distt. and Sessions Judge. Counsel therefore, contends that there were bona fide reasons for not adducing the evidence before the Tribunal.

(3.) ON the other hand, Ms. Manjusha Wadhwa counsel for the respondent no. 3 contends that no advantage should be given to the appellant for his own lapses as despite three opportunities granted by the Tribunal, the appellant had failed to lead any evidence. Counsel for the respondent further submits that appellant at least could have adduced his own evidence by way of filing an affidavit and also could have taken steps to summon criminal court record.