[Illegal Termination] Punjab & Haryana High Court Allows Daily Wagers' Plea Against Closing Of Evidence To Prevent "Irreparable Injury"
Punjab and Haryana High Court recently held that if the petitioners, who are daily wagers litigating for their rights, are not allowed to lead their evidence then they would suffer irreparable loss and injury. The petitioners, who are daily wagers and litigating for their rights, would suffer irreparable loss and injury in case they are not allowed to lead their...
Punjab and Haryana High Court recently held that if the petitioners, who are daily wagers litigating for their rights, are not allowed to lead their evidence then they would suffer irreparable loss and injury.
The petitioners, who are daily wagers and litigating for their rights, would suffer irreparable loss and injury in case they are not allowed to lead their evidence.
Accordingly, the bench comprising Justice Alka Sarin directed concerned Labour Court to grant an opportunity to the petitioners who had been working as daily wagers with the respondent for 19 years, to lead their evidence.
In view of the above and to do the complete justice between the parties, the impugned orders are set aside. The petitioners shall be granted one opportunity to lead their evidence.
The court was dealing with revision petitions for setting aside the orders whereby evidence of the petitioners has been closed and another order whereby the application filed by the petitioners for summoning the official witnesses has been dismissed and further for setting aside the order passed by the Labour Court, Panipat vide which the application for recalling the above orders has been dismissed.
Relevant facts of the instant case are that the petitioners in the present case are Mali/Beldar appointed by the respondent-Management in 2000. However, their services were terminated on 01.08.2018. After that, the petitioners filed an application in 2022 for summoning the official witnesses along with the record.
Without considering the said application the evidence of the petitioners was closed and the application for summoning the official witnesses was also dismissed vide a separate order. An application was thereafter moved to recall the orders but the said application was also dismissed.
While holding that the petitioners shall be granted one opportunity to lead their evidence, the Court, further directed the concerned court to consider their application for summoning of the official witnesses along with the record in accordance with the law.
Accordingly, the court disposed off the instant petition.
Case Title : Satpal v. Divisional Forest Officer, Sonepat Division, Sonepat
Citation: 2022 LiveLaw (PH) 214