1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.1367/2007. : : Satish Chandra Swami Vs. Chief Manager, RSRTC & Anr. : : Date of Order 6.4.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Rajvir Sharma for the petitioner. Mr. Deepak Goyal for the respondents. Heard learned counsel for the parties. 2. This writ petition has been filed against the award dated 4.2.2003 by which the Labour Court answered the reference made with regard to termination of petitioner that such termination was held to be valid for want of any evidence to the contrary. The said award was passed because inability of petitioner to produce evidence. While setting aside the award the application was also dismissed by order dated 21.7.2006. 3. Shri Rajvir Sharma, learned counsel for the petitioner argued that petitioner generally resides in his village in the country side and could not produce his evidence 2 due to family circumstances. It is contended that there was ample evidence otherwise that petitioner had completed 240 days with respondents, but since petitioner could not appear in the witness box his statement of claim was not taken as proved. It was submitted that petitioner should be provided one last opportunity to adduce evidence. 4. Shri Deepak Goyal, learned counsel for the respondents opposed the writ petition and submitted that petitioner himself has been negligent in producing evidence and in number of dates the matter was adjourned enabling him to produce evidence. 5. Having heard learned counsel for the parties and perused the material on record, I find that petitioner has been litigating with the respondents for last number of years and award has been passed not because the Tribunal has recorded any finding of fact, but the Tribunal itself has stated that since the workman has failed to produce an evidence, he is not entitled to any relief for lack of evidence. It is, therefore, in the interest of justice that the matter is now remanded to the Labour Court for giving one opportunity to petitioner to adduce the evidence. 3 In the result, this writ petition is allowed. The impugned orders dated 4.2.2003 and dated 21.7.2006 are both set aside. The matter is remanded back to Labour Court, Kota. Petitioner shall adduce his evidence within four months from the date certified copy of this order is produced before Labour Court, Kota as per the schedule fixed by Labour Court subject to payment of cost of Rs.750/- to the respondents on the first date of hearing. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.101.