Writ Petition No.5978 of 2007 16.11.2011 Shri GS Patwardhan, learned counsel for the petitioner. Shri BL Jain, learned counsel for the respondent. Heard. By this petition under Article 227 of the constitution of India, the petitioner has challenged the award dated 29.06.2007 passed by Presiding Officer, Labour Court Ujjain in Case No.19/1997/ID Act Reference. Briefly stated, the petitioner workman challenging his termination from service by the respondent raised an industrial dispute by approaching the Deputy Labour Commissioner, M.P., Indore. On failure of conciliation proceedings, the dispute was referred to the Labour Court Ujjain for adjudication. The Labour Court vide impugned award answered the reference against the petitioner and declined his prayer for reinstatement with consequential benefits. According to the petitioner, vide proceedings / order dated 3.02.2007 the Labour Court had allowed the petitioner's application to some extent and directed the respondent to produce the record mentioned in the said proceedings / order dated 3.02.2007. However, though the record was not produced, the Labour Court decided the matter and answered the reference against the petitioner. Having gone through the aforesaid proceedings / order dated 3.02.2007, we find that the Labour Court had directed the respondent to produce the record, but the record was not produced. No evidence was led by the respondent and award was passed holding that the petitioner had failed to prove that he worked for 240 days in the year preceding his termination. Having regard to proceedings / order dated 3.02.2007 in our considered view in the absence of any declaration on the part of the respondents that they are not possessing the requisite record and in the absence of consideration of effect of non production of the record inspite of directions being issued, the impugned award passed by the Labour Court cannot be sustained. We, accordingly, set aside the impugned award and remit the matter to the Labour Court for fresh adjudication after giving due opportunities to the parties to produce record and lead evidence. The Labour Court is expected to decide the matter as expeditiously as possible, but not later than six months from the date of receipt of the copy of this order. With the aforesaid observations and directions, the petition stands disposed of. C.c. as per rules. (Shantanu Kemkar) (Prakash Shrivastava) Judge Judge sourabh