1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5117 of 2010 Date of decision: 30.8.2010 Balwan Singh ….. Petitioner. Vs. H.P.State Electricity Board and others …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Rakesh Manta, Advocate. For the Respondents : Mr. Vinod Thakur, Advocate. Justice Kurian Joseph, C.J. (Oral) Annexure P-5, award passed by the Labour Court, Shimla is under challenge. The award is dated 18.5.2007. It is seen that the reference has been rejected on the ground that the petitioner failed to appear before the Labour Court and to adduce the evidence. In view of the submissions as above, we do not intend to go into the legal question as to the manner in which the Court should have dealt with the reference. The petitioner submits that due to some circumstances beyond his control he could not appear before the Labour Court for leading evidence. 2. Having heard the learned counsel for the petitioner and learned counsel appearing for the Board, we are of the view that interest of justice requires an opportunity to be given to the petitioner to lead evidence and make an attempt to substantiate his claim before the Labour Court. Accordingly, Annexure P-5 award in Reference No. 20 of 2005 of the Labour Court is set-aside and the matter is remitted to the Labour 2 Court. The parties will appear before the Labour Court on 25.10.2010 and thereafter, the reference shall be disposed of on or before 31.12.2010. It is made clear that in case the petitioner fails to appear before the Labour Court to lead evidence as above, he shall not be entitled to any relief as claimed in the writ petition and the award Annexure P-5 would stand confirmed. (Justice Kurian Joseph), Chief Justice (Justice Kuldip Singh) Judge August 30, 2010 (grs/pankaj)