IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 8527 of 2009. Date of Decision : May 29, 2009. Jaswant Singh s/o Piara Singh, resident of 319/7 Kot Atma Singh Gali No. 1 Ram Bagh, Amritsar. ...... Petitioner. Versus. Presiding Officer, Labour Court, Amritsar, and another. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. H.S. Batth, Advocate, for the petitioner. AUGUSTINE GEORGE MASIH, J. (ORAL). In the present writ petition, the challenge is to the award dated 08.10.2008 (Annexure-P-5), passed by the Labour Court, Amritsar, vide which the reference has been answered against the workman, holding him not entitled to the claim, which he has made through his demand notice. Counsel for the petitioner contends that it is an ex-parte award against the Management which the Management did not come forth to prove the assertion which he has made and, therefore, the claim of the workman should have been allowed in view of the statement made by the workman before the Labour Court. He further contends that the findings, therefore, recorded by the Labour Court cannot be sustained and the award deserves to be set aside. I have heard counsel for the petitioner and have gone through the records of the case. C.W.P. No. 8527 of 2009. A specific stand was taken by the Management in the written statement before the Labour Court that the establishment stood closed permanently w.e.f. 01.02.2003. The demand notice was made much after that and further, in the said demand notice, the workman has alleged that he continued in service even after closure of the establishment which is incorrect. It has been contended, therefore, by the Management that after the closure of the establishment, there was no question of the workman continuing in service, therefore, the claim itself was based on falsehood. It is an admitted position by counsel for the petitioner that the workman has not asserted that the establishment did not close but it was continuing in a different name. The fact of closure of the establishment has also not been disputed. In view of the fact that the workman had not contested the claim of the Management with regard to closure of the establishment, the Labour Court has proceeded to decide the reference against the workman as the claim of the workman was false. On the closure of the establishment, the workman could not have continued and therefore, his alleged termination of service subsequent to the date of closure could not be accepted to be correct statement of fact by the workman. A party who approaches the Court with false assertions cannot claim any benefit of the same, if the claim is not bonafide one. In view of the above, there is no merit in the present writ petition and the same is, therefore, dismissed. (AUGUSTINE GEORGE MASIH) JUDGE May 29, 2009. sjks. Whether referred to the Reporter - Yes / No. -2-