DEPUTY EXECUTIVE ENGINEER (PANCHAYAT) Vs. RAMJIBHAI UKABHAI

JUDGEMENT

(1.) Shri P.J.Kanabar, learned counsel for the petitioner; Shri J.D. Ajmera, learned counsel for the respondent.

(2.) The petitioner- Deputy Executive Engineer, [Panchayat], Roads & Buildings Sub Division, Rajula, being aggrieved by the award made by the Labour Court, Bhavnagar in Reference [LCB] No. 1769 of 1987 [old Reference [LCB] No. 105/93] dated 22.10.1997 is before this Court with a submission that the award is patently illegal, because, the Court below illegally closed the right of the petitioner to lead evidence. It was submitted that the petitioner wanted to examine one Shri Lalani, a witness to prove certain facts, the Court below allowed the application subject to cost, the cost was paid by the petitioner and thereafter, summons were issued to the witness. On two occasions, summons were served upon the witness but the witness did not remain in attendance. Thereafter, the present respondent workman, behind the back of the petitioner on 14.7.97 made an application before the Labour Court that right of the petitioner-establishment to lead the evidence be closed, the learned Court below, without hearing the petitioner ordered that the right of the petitioner to lead the evidence is closed. According to the learned counsel for the petitioner, such procedure is unheard of and is unknown to law, according to him, if the witness, despite service of notice was absent, the Court should have issued coercive process against the witness or in any case, observed the principles of natural justice, after providing an opportunity of hearing to the petitioner should have passed the orders on the application filed by the workman.

(3.) Shri J.D. Ajmera, learned counsel for the respondent submitted that even if the application for closing the right of the petitioner to lead evidence was allowed exparte and the right was closed, then, it was a duty cast upon the petitioner to make an application for review of the order.