IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3302 of 2011(O&M) Date of Decision: May 20, 2011. B.S.Khurana. ...... PETITIONER(s) Versus M/s Maruti Udyog Limited. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Ashok Tyagi, Advocate for the petitioner. Mr. Harsh Aggarwal, Advocate and Mr. Asim Aggarwal, Advocate for the respondent. ***** RAM CHAND GUPTA, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India for issuance of directions to set aside order dated 11.04.2011, Annexure P3 passed by learned Presiding Officer, Labour Court- I, Gurgaon vide which application dated 11.04.2011, Annexure P2 filed by present petitioner-Workman for shifting the onus on the management has been disposed of. CR No.3302 of 2011 I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court. It has been contended by learned counsel for the petitioner that that learned Labour Court-I, Gurgaon instead of deciding the application on merit has just disposed of the same by observing that in view of order passed by this Court in Civil Revision No.203 of 2011, petitioner has been allowed to lead evidence within three months subject to payment of `5,000/- as costs. On the other hand, it has been contended by learned counsel for the respondent that the same point was also raised by the petitioner before this Court in C.M. No.12731-CII of 2011 filed in CR No.203 of 2011. It has also been contended that this point was also taken in the main petition and however, the plea was not accepted while deciding main petition as well as while deciding CM No.12731-CII of 2011, which was also dismissed alongwith CM No.7762-CII of 2011 vide order dated 13.05.2011 passed by this Court. There is force in the argument of learned counsel for the respondent. On the same point application has been filed by the petitioner before learned Labour Court-I, Gurgaon and the same point has also been taken before this Court in CR No.203 of 2011 that onus be shifted upon respondent-Management. However, the plea was not accepted by this Court and the following order has been passed:- “Aggrieved against the orders dated 16.02.2010 and 20.09.2010 (Annexures P2 & P5), passed by the Presiding Officer, Labour Court-I, Gurgaon, closing the evidence of the 2 CR No.3302 of 2011 petitioner and dismissing his application for additional evidence respectively, he has preferred this petition. This petition is disposed of with liberty to the petitioner to conclude his evidence within three months positively subject to payment of Rs.5,000/- as costs.” Petitioner filed two Civil Miscellaneous Nos.7762 and 12731- CII of 2011 in the said Civil Revision No.203 of 2011, which were dismissed by this Court by observing as under:- “Heard. No grounds to interfere are made out. As such, both the civil miscellaneous applications stand dismissed.” Hence, in view of the aforementioned facts, it cannot be said that any illegality or material irregularity has been committed by learned Labour Court-I, Gurgaon in passing the impugned order, warranting interference by this Court. There is no merit in the present revision petition. The same is, hereby, dismissed. ( RAM CHAND GUPTA ) May 20, 2011. JUDGE 'om' 3