IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5834 of 2010 Date of decision: 27.09.2010 Mansa Ram …Petitioner. Versus H.P. State Electricity Board & another …Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr. Justice Kuldip Singh, J. Whether approved for reporting?1No. For the petitioner: Mr. Virender Thakur, Advocate. For the respondents: Mr. Vinod Thakur, Advocate. Deepak Gupta, J. (Oral) 1. The petitioner is aggrieved by the award dated 2nd June, 2010, passed by the Presiding Judge, H.P. Industrial Tribunal-cum-Labour Court, Shimla, in Reference No. 103 of 2007, whereby he rejected the claim of the petitioner. 2. Mr. Vinod Thakur, learned counsel appearing for the respondents, submits that he does not want to file any reply to the petition. 3. The main grievance of the petitioner is that the case was fixed for evidence of the petitioner on 02.06.2010, but the 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 counsel for the petitioner wrongly noted the date as 02.07.2010 and the matter was decided in the absence of the counsel for the petitioner on 02.06.2010, treating it as a case of no evidence. 4. In view of the fact that the petitioner was represented by counsel and this petition has been filed by the same counsel, wherein the counsel has fairly submitted that the error was on his part, we see no reason why the petitioner should suffer. We, therefore, set aside the award of the Presiding Judge, H.P. Industrial Tribunal-cum-Labour Court, Shimla, and direct that the matter be decided afresh after giving the parties reasonable opportunity of proving their case. The parties through their counsel are directed to appear before the H.P. Industrial Tribunal-cum-Labour Court, Shimla, on 25th October, 2010, when the Labour Court shall fix another date for the evidence of the petitioner. Petition stands disposed of. Copy Dasti. (Deepak Gupta) Judge (Kuldip Singh) Judge September 27, 2010 (rajni)