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2025 DAILYLAW 20748 (PNJ)

RAM CHANDKER PRASHER v. P.O.LABOUR COURT-II, FARIDABAD & ANR

CWP/11564/1999 · 2025-03-26

Harsimran Singh Sethi

body2025

Judgment text

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CWP-11564-1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (213) CWP-11564-1999 Date of Decision : March 26, 2025 Ram Chander Prashar .. Petitioner Versus The Presiding Officer, Labour Court-II, Faridabad and another .. Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. Nikhil Chopra, Advocate and Mr. Shubham, Advocate, for the petitioner. Mr. Amarjit Singh Chadha, Advocate, with Ms. Kamaldeep kaur, Advocate, for respondent No.2. HARSIMRAN SINGH SETHI J. (ORAL) 1. Learned counsel for the parties submit that keeping in view the objections raised by the petitioner that he was not given due opportunity to rebut whatever material was placed before the Tribunal to support the order of termination, the matter can be remanded back to the Tribunal for passing of the fresh order after giving due opportunity of hearing to the petitioner so as to rebut the management evidence due to which, a finding has been recorded by the Tribunal that the same were sufficient enough to hold that the petitioner-workman was guilty of the allegations. 2. Keeping in view the agreement between the parties, the Award dated 26.03.1999/08.04.1999 (Annexure P-1) is set aside and the matter is remanded back to the Tribunal for fresh adjudication in accordance with HARSHA RANI 2025.04.02 09:37 I attest to the accuracy and integrity of this document CWP-11564-1999 2 law by giving due opportunity of hearing to the petitioner-workman as well as to the Management to support their respective case by leading the evidence required in addition to whatever facts and evidence that has already been brought on record. 3. The present writ petition is disposed of in above terms. 4. Parties are directed to appear before the Labour Court on 05.05.2025. March 26, 2025 (HARSIMRAN SINGH SETHI) harsha JUDGE Whether speaking/reasoned : Yes Whether reportable : No HARSHA RANI 2025.04.02 09:37 I attest to the accuracy and integrity of this document