PHARMACIA INDIA PVT. LTD. Vs. RAM AVTAR

JUDGEMENT

(1.) PETITIONER -management has filed the present revision petition under Article 227 of the Constitution of India for setting aside the order dated 2.12.2008 (Annexure P1) passed by the learned Industrial Tribunal -cum -Labour Court No. 2, Gurgaon, whereby in reference petition brought by the respondent -workman, evidence of the petitioner - management has been closed by order of the Court.

(2.) IT is averred that respondent -workman Ram Avtar was engaged by M/s Paramount Security Services Ltd., who had been given contract of providing security at the premises of the petitioner -management. Respondent - workman raised an industrial dispute claiming that he was an employee of the petitioner -management. The reference was filed in the year 2002 and the issues were framed on 27.4.2004. Thereafter it was fixed for workman's evidence and finally closed on 15.10.2007, i.e. in a span of about 3 years and 6 months. Petitioner -management was to examine three witnesses and for that purpose the first date was fixed as 22.1.2008 and thereafter only two effective opportunities were given i.e. on 10.7.2008 and 2.12.2008. On 2.12.2008 one RW was present and examined on payment of costs. On that date itself vide impugned order evidence of the management was closed by Court order. Hence the present revision petition.

(3.) IT is submitted by the learned Counsel for the petitioner that two more MWs remain to be examined for which one effective opportunity be granted.