Civil Revision No. 4525 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4525 of 2010 (O&M) Date of Decision: 22.7.2010 The Chanvehra Co-operative Agricultural Service Society Limited .....Petitioner Versus Presiding Officer, Labour Court, Amritsar and another ….Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Shri Anupam Bhardwaj, Advocate, for the petitioner. Hemant Gupta, J. (Oral) Challenge in the present revision petition is to the order passed by the learned Presiding Officer of the Labour Court on 5.3.2009, whereby evidence of the Management was closed by an order. Learned counsel for the petitioner has pointed out that the affidavit of Shri Davinder Singh, as witness of the Management was filed on 7.1.2005. The witness was present on 8.4.2005, 4.8.2005, 26.10.2005 and 17.1.2006, but was not cross-examined by the workman or his authorised representative. The witness was again present on 18.8.2006, 19.10.2006, 5.12.2006, 25.5.2007, 27.7.2007 and 2.11.2007, but the witness was not cross-examined. On 10.1.2008, Civil Revision No. 4525 of 2010 (O&M) [2] the witness could not appear as his son was admitted in the hospital. Thereafter, the case was adjourned for one reason or the other including on some dates for causing the appearance of the witness. It is, thus, contended that the witness of the petitioner was present on numerous dates, but was not cross-examined by the workman or his authorized representative. On some dates, the witness could not appear on account of illness of his son. It is stated by the learned counsel for the petitioner that the case is now fixed for 23.7.2010 and that if one opportunity is granted, the witness of the petitioner shall appear before the Labour Court for the purposes of cross-examination by the workman or his authorized representative. After hearing learned counsel for the petitioner, I find that the impugned order passed by the learned Labour Court, suffers from patent illegality and irregularity. The Labour Court overlooked the numerous dates on which the witness was present but not cross- examined by the workman or his authorized representative. Merely because on some dates, the witness could not make himself present on account of illness of his son or otherwise, should not have resulted in closing of evidence of the Management. In view of the said fact, the impugned order is set aside. The petitioner is permitted to produce its witness, namely, Davinder Singh, for the purposes of cross-examination on 23.7.2010, the date already fixed before the learned Labour Court. With the said directions, the present revision petition stands disposed of. Copy of the order be given Dasti under signatures of the Special Secretary to the Bench. [ Hemant Gupta ] Civil Revision No. 4525 of 2010 (O&M) [3] 22-07-2010 Judge ds