JUDGEMENT
VIJAY BISHNOI, J. -
(1.)THIS writ petition has been preferred by
the petitioners against the judgment and award dated
06.02.2013 passed by learned Labour Court, Udaipur (for short 'the labour court' hereinafter) in Labour
Case No.91/2001, whereby the learned labour court
has dismissed the claim petition preferred on behalf
of the petitioners in response to the reference made
by the State Government vide order dated
27.12.2000 under section 10 of the Industrial Disputes Act, 1947 (for short 'the Act of 1947'
hereinafter).
(2.)THE learned counsel for the petitioners has assailed the validity of the order, while contending
that the respondent No.1 filed its reply in response to
the claim petition on 31.10.2002 and the learned
labour court fixed the next date as 06.02.2003 for
producing the evidence. On that date, it was
observed that neither the petitioners nor their
representative were present, therefore, their evidence
was closed, and on the very day, the learned labour
court heard the arguments of the learned counsel for
the respondent and passed the impugned order.
The learned counsel for the petitioners has stated that the learned labour court has erred in
closing the evidence of the petitioners on the very
first day and also erred in passing the impugned
order after hearing the learned counsel for the
respondent only. The learned counsel for the
petitioners has placed reliance on a decision of
Hon'ble Supreme Court in Virendra Bhandari vs.
Rajasthan State Road Transport Corporation &
Ors., reported in 2002 SCC (L&S) 1061.
(3.)LEARNED counsel for the respondents has supported the impugned judgment and award passed
by the learned labour court and claimed that since
the petitioners or their representative were not
present for producing the evidence, the learned
labour court has not committed any illegality in
passing the impugned order.
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