SURENDRANAGAR DISTRICT PANCHAYAT Vs. DANUBHAI VASRAMBHAI

JUDGEMENT

(1.) WE have heard Mr H.S. Munshaw, learned counsel for the appellants. Though served, none appears on behalf of the respondent.

(2.) BEING aggrieved and dissatisfied by the order dated 27.11.2006 passed by the learned Single Judge rejecting Special Civil Application No.24421 of 2006 preferred by the present appellants and confirming the order dated 21.2.2006 passed by the Labour Court, Surendranagar in Reference (LCS) No.101 of 1995 by which the appellant was directed to reinstate the respondent in service with continuity without back wages, the present Letters Patent Appeal has been preferred by the appellants.

(3.) WE have carefully perused the award at Annexure 'C' passed in Reference (LCS) No.101 of 1995 dated 21.2.2006 by the Labour Court, Surendranagar. It appears that the appellant/original opponent had engaged Advocate, appeared and filed reply in July, 2000 in the said Reference. It is also the fact that after reply, no documentary evidence like Muster Roll, pay register, seniority register etc. had been produced and not only that but chief examination of the present respondent-original applicant at Exh.15 remained unchallenged as the appellant/original opponent had not cross-examined the respondent/original applicant. Learned counsel for the appellant has raised so many points as referred above but it is important to note that the appellants should have produced all the documents as referred above before the Court when the said documents were in their possession and should have remained active and take part in the proceedings seriously. The appellants have failed in producing any documentary evidence in support of their case and therefore, an adverse inference can easily be drawn. WE are of the considered opinion that the Judge, Labour Court has rightly appreciated the documents which are forthcoming on the record and put all his efforts to justify the same. WE have also considered the order dated 27.11.2006 passed by the learned Single Judge in Special Civil Application No.24421 of 2006 and the relevant paragraph of the same is extracted below: