IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 10000 of 2009. Date of Decision : April 05, 2010. Pawan Kumar ...... Petitioner. Versus. State of Punjab, through Secretary Department of Forest, Civil Secretariat at Chandigarh, and others ..... Respondents . CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. R.D. Sharma, Advocate, for the petitioner. Ms. Monica Chhibbar Sharma, DAG Punjab, for respondents. AUGUSTINE GEORGE MASIH, J. (ORAL). The prayer in the present writ petition is for setting aside of the Award dated 18.03.2009 (Annexure-P-1), passed by the Labour Court-cum- Industrial Tribunal, Gurdaspur. Counsel for the petitioner contends that the petitioner could not come present before the Labour Court on 18.02.2009 because of the ill health of his wife. He contends that the wife of the petitioner was bed ridden and, therefore, he could not attend the Court proceedings on 18.03.2009 also nor could he contact his authorised representative to know the fate of the case or to produce evidence before the Labour Court. He has placed on record the medical certificates Annexure-P-3 and Annexure-P-4, according to which the wife of the petitioner had taken treatment from 14.01.2009 to 16.01.2009 from one Dr. Sanjay Sharma as per Annexure-P-3 and as per Annexure-P-4 from 11.04.2009 to 15.04.2009. He on this basis contends that the Award dated 18.03.2009 (Annexuer-P-1), passed by the Labour Court-cum-Industrial Tribunal, Gurdaspur, deserves to be set aside. On the other hand, counsel for respondents has submitted that the medical certificates, although, not admitted, but if are taken to be correct then C.W.P. No. 10000 of 2009. -2- also they do not pertain to the period, when the ex-parte proceedings were initiated against the petitioner, i.e., 18.02.2009 and the Award, which was passed against the petitioner dated 18.03.2009 (Annexure-P-1). She, thus, contends that the reasons, which have been put forth in the present writ petition, are without any basis and the medical certificates have no relevance as far as the assertions of the petitioner are concerned. I have heard counsel for the parties and have gone through the records of the case. The petitioner was proceeded against ex-parte, vide order dated 18.02.2009 and thereafter, the impugned Award dated 18.03.2009 (Annexure- P-1) was passed by the Labour Court-cum-Industrial Tribunal, Gurdaspur. The medical certificates, which are un-dated, have been placed on record as Annexure-P-3 and Annexure-P-4 respectively. Annexure-P-3 shows that the wife of the petitioner was suffering from A/E from 14.01.2009 to 16.01.2009 and as per Annexure-P-4, she was suffering from PAO from 11.04.2009 to 15.04.2009. There is nothing on the record to suggest that during the interim period, i.e., from January, 2009, to April, 2009, the wife of the petitioner was bed ridden or was unwell to sustain herself. The justification and the reasoning put forth by the petitioner for his non presence before the Labour Court-cum-Industrial Tribunal, Gurdaspur, is without any basis and, therefore, there is no merit in the present writ petition. Dismissed. (AUGUSTINE GEORGE MASIH) JUDGE April 05, 2010. sjks.