IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.18679 of 2009 Date of decision:07.12.2009 D. N. Saini ....Petitioner versus Presiding Officer, Labour Court-cum-Industrial Tribunal-I, Gurgaon and another ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Pankaj Jain, Advocate, for the petitioner. ---- 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 ? ---- K.Kannan, J. (Oral) 1. The writ petition challenges the rejection of a request sought by the petitioner for letting him further evidence. The justification for the petitioner was that on the date when the case was posted for giving evidence, the counsel was engaged in the Hon'ble Delhi High Court in yet another case and, therefore, he was not able to attend the Court. The Labour Court found that the petitioner's side had been closed as early as on 13.12.2007 and he had availed to himself several opportunities to let in evidence, but he has not completed his side. The Labour Court, therefore, rejected his plea. Civil Writ Petition No.18679 of 2009 - 2 - 2. Counsel for the petitioner requests for one more opportunity for concluding his evidence. The claim relates to an adjudication of an industrial dispute sought at the instance of the workman and interest of justice requires that the workman is granted full opportunity. Although no patent error is found in the order of the Labour Court, I still think that the workman would be grated an opportunity as a measure of grace. At the hearing before the Labour Court, the petitioner shall produce a copy of the order and he shall be permitted an opportunity to produce his evidence. The impugned order is set aside and the petitioner is entitled to such liberty as aforesaid. 3. Having regard to the fact that the case has been referred for adjudication in 2001, I do not want the pendency of the writ petition to cause further delay and therefore, I hasten to pass directions even at the stage of admission, waiving notice to the respondent. 4. The writ petition is allowed in the above terms. No costs. (K.KANNAN) JUDGE 07.12.2009 sanjeev