A P MOTORES LTD Vs. HARSHADBHAI HARISHBHAI KHATRI

JUDGEMENT

(1.) HEARD learned Advocate Mr. K. M. Patel for the petitioner. Notice of rule issued by this court has been served on respondents as per the official record of the registry of this court but no appearance has been filed on behalf of the respondents in these proceedings. The matter has been adjourned for fifteen times, even though, no appearance has been filed on behalf of the respondents and respondents have also not appeared in person though served. Therefore, this court is having no option except to decide the matter on merits in absence of respondents.

(2.) IN the present petition, petitioner is challenging orders dated 19th July, 2006 and 24th April. 2006 page 10 and 12 respectively passed by the Industrial Tribunal.

(3.) REFERENCE No. 1044 of 1996 is pending before the Industrial Tribunal wherein petitioner is respondent. Oral evidence of both the parties are over and arguments of the present respondent was heard by the Industrial Tribunal. Before that, on 24-4-2006, matter was for oral evidence of the petitioner. However, witness was not available, therefore, application for time was filed on 24-4-2006 by the petitioner before the Industrial Tribunal with a request to adjourn the matter. This was objected by the respondent workman. Thereafter, the Industrial Tribunal has passed order. Industrial Tribunal had rejected application for time. Not only that, along with that, right of oral evidence of the petitioner was also closed. Thereafter, on 19th July, 2006 when the witness was available, request was made by the petitioner before the Industrial Tribunal that now witness is available, kindly re-open stage of oral evidence which was also objected? by the present respondent on 19th July, 2006 and ultimately, the Industrial Tribunal after considering" the application of the petitioner and the objection raised by the present respondent, rejected the request of the petitioner. Therefore, both the order vide Exh. 61 dated 24th April, 2006 and Exh. 62 dated 19th July, 2006 are challenged through this petition.