C.R. No. 208 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 208 of 2009 (O&M) Date of decision: January 15, 2009 M/s Arora Industries .. Petitioner v. Presiding Officer, Industrial Tribunal-cum- Labour Court, Gurgaon and another .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. R.N. Singal, Advocate for the petitioner. .. Rajesh Bindal J. Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside order dated 2.9.2008, passed by Industrial Tribunal-cum-Labour Court, Gurgaon (fro short, `the Tribunal') whereby evidence of the petitioner-management was closed by order of the Tribunal. For the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondents, as the same would unnecessarily delay not only the disposal of the present petition but also the claim petition as well. The proceedings in the present case arise out of a petition filed by respondent No.2 against the petitioner regarding industrial dispute. Learned counsel for the petitioner submitted that though the petition was filed by respondent No.2- workman in the year 2003 but he closed his evidence on 25.9.2007. It was for the first time that the case was fixed for evidence of the petitioner-management on 8.1.2008 and on the very next date, i.e., 25.3.2008, the Tribunal, while observing that sufficient opportunities have already been granted to the management for leading evidence, last opportunity was granted. It was further submitted that in fact, the workman wanted to delay the proceedings for extraneous reasons, otherwise the management was still ready and willing to take him back in service, as he himself had abandoned the service. He further submitted that in case one opportunity is granted, the management will complete its entire evidence on the date fixed. The only help required from the Tribunal is regarding summoning of an official witness. C.R. No. 208 of 2009 [2] The facts stated by learned counsel for the petitioner are borne out from the record. The case is now fixed for hearing on 27.1.2009. Accordingly, while setting aside the impugned order dated 2.9.2008 closing the evidence of the management and also the subsequent order dated 2.12.2008, the learned Tribunal is directed to grant opportunity to the petitioner- management for completing its entire evidence on the date already fixed. The same shall be subject to payment of Rs. 2,000/- as costs to respondent No. 2. The petitioner shall be at liberty to get dasti summons issued for any official witness. It is, however, made clear that no further opportunity shall be granted to the petitioner in case he fails to complete his entire evidence on the date fixed. The revision petition is disposed of in the manner indicated above. (Rajesh Bindal) Judge 15.1.2009 mk