IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 1229 of 2009 in C.W.P. No. 21635 of 2008. Date of Decision : January 22, 2009. Asha Rani. ....... Petitioner. Versus The Presiding Officer, Labour Court-II, Faridabad, ...... Respondents. and another CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present: Mr. Deepak Sonak, Advocate, for the applicant-petitioner. AUGUSTINE GEORGE MASIH, J. (ORAL). C.M. No. 1229 of 2009. Application is allowed as prayed for. Annexure-P-6 is taken on record. C.W.P. No. 21635 of 2008. Counsel for the petitioner contends that the award dated 13.04.2007 (Annexure-P-2), is not in accordance with law as the findings returned by the Labour Court, are not sustainable. Categoric statement of the petitioner as well as other co-workers who were working with her when she was an employee of respondent No. 2, have deposed that she was working with them in the factory of respondent No. 2. On this basis, he submits that the relationship of employer and employee stood established. It is an admitted position that no document whatsoever was produced before the Labour Court to substantiate the claim put forth by the C.W.P. No. 21635 of 2008. petitioner that she was an employee of respondent No. 2. It is also not in dispute as has been admitted by counsel for the petitioner that the old record was neither summoned nor a request to that effect was ever made to the Court to prove the assertion that she was an employee of respondent No. 2. That being the position, mere self serving statements and affidavits which have been produced by the petitioner and other witnesses who admittedly are no more in service of respondent No. 2, cannot be taken into consideration so as to hold that the onus which was on the workman stood discharged as held by the Hon'ble Supreme Court in the case of R.M. Yalletti Versus Assistant Executive Engineer 2006(1) R.S.J. 80. In view of this, I do not find any illegality in the impugned award dated 13.04.2007 (Annexure-P-2). Finding no merit, this writ petition stands dismissed. (AUGUSTINE GEORGE MASIH) JUDGE January 22,2009. sjks. -2-