AMARNATH Vs. MARUTI UDYOG LTD.

JUDGEMENT

(1.) THE present petition has been filed by the petitioner -Workman for setting aside the orders dated 29.7.2008 and 16.9.2008 passed by the Labour Court -cum -Industrial Disputes Tribunal, Gurgaon vide which evidence of the workman has been closed by order and he has been further ordered to be proceeded against ex parte.

(2.) AS per the averments made in this petition, the services of the petitioner were terminated illegally by the respondent. An industrial dispute was raised by the petitioner on which a reference was made by the State Government to the Labour Court -cum -Industrial Disputes Tribunal, Gurgaon which is pending. The issues were framed in the case before the Labour Court on 16.2.2005 and evidence of the workman started on 31.10.2005. While passing the order dated 29.7.2008 (Annexure P -1), the Labour Court has noticed that three last opportunities were given to the workman to conclude his evidence but despite that he failed to conclude the same and in fact he had failed to turn up on the date fixed and in this situation the evidence of the workman was closed by order and the case was ordered to be listed for the evidence of the management on 16.9.2008. On that date neither the petitioner was present nor anybody representing him was present and in these circumstances, the Labour Court had no alternative but to proceed against the petitioner ex parte.

(3.) DISMISSED .