IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6984 of 2006 BIHAR STATE ROAD TRANSPORT COR Versus THE STATE OF BIHAR & ORS ----------- 3. 19.05.2008 Heard learned counsel for the petitioner and for Respondent no. 3. The petitioner is aggrieved by orders dated 22.8.2000 and 23.1.2006 passed by the Labour Court, Patna in Reference Case No. 44 of 1996. The reference came to be made in pursuance of dismissal of Respondent no. 3. It appears that the petitioner did not lead evidence in support of its claim that the departmental proceedings were held in accordance with law when they have been debarred from leading any further evidence in that regard by order dated 22.8.2000. An application for grant of opportunity has then been rejected by order dated 23.1.2006. In the nature of the case, for the reasons urged on behalf of the petitioner, the illness of their counsel and the difficulties of the subsequent counsel also, this Court is satisfied that on that account the petitioner cannot be allowed to suffer. The Court considers it proper to grant one more opportunity to the petitioner to lead evidence with regard to the merits of the departmental enquiry. Let this be done by the petitioner on consecutive dates to be completed within a maximum period of one month. In the event that the petitioner makes an application for recall of any witness on behalf of the workman, the Labour Court shall - 2 - consider the same appropriately in accordance with law and pass orders thereupon. No adjournment shall be granted to the petitioner on that account. In the event that the petitioner does not lead its evidence on consecutive dates or seeks unnecessary adjournment, notwithstanding the present order, the Labour Court after recording its satisfaction in that regard shall be at liberty to proceed from the stage at which the present writ application has been preferred when the present order shall automatically lose its efficacy for reasons to be attributable to the petitioner alone. The writ application stands allowed with the aforesaid direction. The orders dated 22.8.2000 and 23.1.2006 are set aside for the limited purpose as noticed above. AKS/ (Navin Sinha, J.)