STATE OF RAJASTHAN Vs. FAIJ MOHD

JUDGEMENT

(1.) THE matter has been heard finally with the consent of learned counsel for parties.

(2.) THE petitioner in the instant writ petition has assailed the award dated June 25, 2003 passed by Labour Court Kota whereby the reference made to it was answered in favour of respondent workman and it was held that the termination order dated November 8, 1983 of respondents workman was illegal and the workman shall be reinstated in the services with continuity of service but without back wages.

(3.) I find no infirmity in the impugned award. The petitioner was in possession of best evidence which could throw light on the issue in controversy but the evidence was withheld therefore the learned Labour Court rightly drew adverse inference against the petitioner although the onus of proof did not lie on it. The petitioner in my opinion, can not rely on abstract doctrine of onus of proof in the fact and circumstances of that case. I do not find it a fit case for invoking Article 227 of the Constitution.