NARMAIL SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This order will dispose of five writ petitions bearing CWP Nos. 17459, 18065, 18383, 19043 and 19044 of 2011, as common questions of law and facts are involved therein. Facts have been extracted from CWP No. 17459 of 2011.

(2.) Briefly, the pleaded facts are that the petitioner joined as Labourer on daily wages on 01.02-2002 with respondents No. 2 to 4/management and continued to work as such till 06.09.2009. When his services were terminated, the petitioner served a demand notice dated 31.12.2009 upon the management. The conciliation proceedings before the Labour-cum-Conciliation Officer failed and the dispute was referred to the Labour Court.

(3.) In order to prove his case, the petitioner summoned Rishi Pal Malik, Asstt. O/o D.F.O., Ambala along with all relevant records. The witness came present on 07.03.2011 before the learned Labour Court and got recorded his statement to the effect that the summoned record had been destroyed in floods on 06.07.2010 and 07.07.2010 and further stated that a DDR was lodged in that regard. After considering the statement made by the witness, the learned Labour Court vide its order dated 07.03.2011, closed the evidence of the petitioner by order of the court and adjourned the case for the evidence of the management for 21.03.2011 and then 04.04.2011 but no evidence was produced by the management. Thereafter the learned Labour Court vide its award dated 18.04.2011 dismissed the claim of the petitioner. The same has been impugned before this Court.