1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR W.P.No.2517 of 2010 Deputy Conservator of Forrest, Bhandara and anr. ..vs.. Ratnamala w/o Asaram Shende Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 30, 2010. Matter is for final disposal at admission stage and is part-heard. Mr.S.R.Deshpande, Advocate for the petitioners, has raised various contentions, but I do not find it necessary to go into the same at this stage. His basic challenge is – respondent is Employment Guarantee Scheme (EGS) employee and EGC is not an industry. Advocate Bhure, learned counsel for respondent, points out that there is absolutely no material brought on record to show that the respondent is EGS employee. He has also invited my attention to the order-sheets to show that the petitioners did not lead any evidence though matter was fixed for their evidence. He further states that in spite of this position, petitioners chose to argue the matter and did not seek any orders from the Trial Court on alleged error. He 2 relies upon order-sheet dated 3/10/2006 for said purpose. Advocate Deshpande points out that the reference was at the instance of employee and therefore, the matter should have been first for evidence of employee i.e. party no.2. The evidence of party no.2 was closed on 11/3/2008 and on that day the evidence of party no.1 – employer was also closed. His contention is; if since 3/10/2006 case was fixed for evidence of party no.1/employer, there was no question of closing that evidence on 11/3/2008 after the evidence of party no.2 employee was over. He, therefore, states that the petitioner has not been given opportunity in the matter. With the assistance of both the counsel, I have perused the order-sheets. Order-sheets show that the matter was fixed initially by Labour court for evidence of party no.1- employer and thereafter for evidence of party no.2 employee. The evidence of party no.2/ employee was closed on 11/3/2008 and on very same day, the evidence of party no. 1/employer was also closed. The matter was then adjourned for arguments. The learned counsel for the petitioners appeared before the labour court on all dates thereafter; but did not make any grievance about state of affairs and chose to argue the matter. After the labour court delivered the award, a grievance of denial of opportunities is being made. Even before this court initially an attempt was made to substantiate the contention that the respondent is an EGS employee by pointing out her cross-examination. In this situation, I find that the interest of justice can be met with if the petitioners are given opportunity 3 subject to reinstatement of respondent on her former work at her former place within period of two weeks from today. The said reinstatement shall not prejudice the stand and contention of the petitioners or respondent in this matter, in any way. The petitioners shall also pay to the respondent costs of Rs.10,000/- by depositing the same in labour court at Bhandara within period of four weeks from today. If the respondent is reinstated within period of two weeks and amount of costs is deposited within period of four weeks as mentioned above, the impugned award dated 30/4/2008 delivered by Labour Court, Bhandara in ULP No.3 of 2003 shall stand quashed and set aside. The matter shall be restored to the stage at which it was on 11/3/2008. The respondent, upon request of Advocate Bhure, is given opportunity to lead additional evidence if respondent finds it necessary. Thereafter the petitioners shall be free to adduce its evidence. After parties complete the evidence, the Labour Court shall hear and deliver the award in accordance with the law. As the matter is being sent back to the Labour Court, the labour court shall deliver the award as early as possible and in any case by 31st March, 2011. Rule accordingly. Parties to appear before the Labour Court at Bhandara on 30/8/2010 and abide by its further directions in the matter. Rule made absolute accordingly. C.C. expedited. JUDGE chute