NARAYAN Vs. STATE OF RAJ.
LAWS(RAJ)-2013-10-62
HIGH COURT OF RAJASTHAN
Decided on October 29,2013

NARAYAN Appellant
VERSUS
STATE OF RAJ. Respondents


Referred Judgements :-

VIRENDRA BHANDARI VS. RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ORS. [REFERRED TO]
COLLECTOR LAND ACQUISITION ANANTNAG VS. KATIJI [REFERRED TO]


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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