SBCWP NO.1990/09. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO.1990/2009. Engineering Small Scale Industries Employees Union Vs. Labour Court Ajmer & Anr. Date of order:- May 28, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Anand Sharma for the petitioner. **** BY THE COURT:- This writ petition has been filed against the award of the Labour Court, Ajmer dated 26/11/2008 by which, penalty order dated 7/10/2004 passed by the management was modified holding that it was excessive looking to the gravity of charges but at the same time directed the respondents that punishment of deduction of Rs.100/- per month shall remain valid only upto 30/11/2008 and not thereafter. 2) By the order dated 7/10/2004, the management directed that a sum of Rs.100/- per month shall be deducted from the salary of the SBCWP NO.1990/09. 2 petitioner for the alleged act of insubordination and order of penalty shall remain be implemented for a period of four years. 3) Learned counsel for the petitioner argued that petitioner-workman could not participate in the proceedings because he could not engage Advocate. Learned counsel submitted that petitioner was in this manner seriously prejudiced in making his defence and the enquiry officer erred in law in conducting the ex-parte proceedings against the petitioner on the alleged charge. 4) Upon hearing learned counsel for the petitioner and perusing the material on record, I find that charge against the petitioner was that he misbehaved with the Manager and that despite service of notice of enquiry, he deliberately did not participate therein. Labour Court on consideration of law and especially considering the cited case law, found that if after service of notice of departmental enquiry an employee has chosen not to participate in the departmental proceedings, violation of principles of natural justice SBCWP NO.1990/09. 3 cannot be complained. In the present case, Labour Court has also accepted the plea of the petitioner that he left the factory premises because one of the workmen had become unconscious and he accompanied with other workmen to carry such unconscious workman to the hospital. 5) Considering the penalty and the fact that span of four years, which has been reduced only upto November 2008, I hardly seen any valid reason to make interference. The writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil