Dismissed

District Family Welfare Offier v. Presiding Officer and Anr.

Punjab & Haryana HC5 May 2008CWP/8940/2007

Case brief

AI extract

What is this about?

This bench dismissed a C.M. application to place office orders on record due to a lapse of over six years since the labour court award. The principal writ petition was also dismissed on grounds of delay and laches, noting the petitioner failed to reconstruct the lost file.

What did the court decide?

The application to place office orders on record was dismissed. The writ petition was dismissed on grounds of delay and laches.

District Family Welfare Offier Vs… — Labour and Industrial Disputes | Punjab & Haryana HC (2008)

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Civil Writ Petition No. 8940 of 2007

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In the High Court of Punjab and Haryana, Chandigarh.

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Civil Writ Petition No. 8940 of 2007

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Date of Decision: 5.5.2008

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The District Family Welfare Officer, U.T. Chandigarh

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…Petitioner

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Versus

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The Presiding Officer, Labour Court, Union Territory, Chandigarh and Another.

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…Respondents

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CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON’BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Ms. Puneeta Sethi, Advocate, Additional Standing Counsel for the petitioner.

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Mr. Davinder Lubana, Advocate for respondent No.2.

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Ashutosh Mohunta, J. (Oral)

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C.M. No. 8766 of 2008

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This is an application for placing on record copies of office orders dated 11.2.1992. 12.10.1993 and 2.5.1996 (Annexure P2 to P4), vide which the petitioner wants to show that the workman was appointed on part-time basis for a period of 89 days.

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The petitioner ought to have led the evidence before the Labour Court, Union Territory, Chandigarh. The petitioner cannot be

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Civil Writ Petition No. 8940 of 2007

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permitted to lead evidence after more than six years of passing of the award.

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In view of the above, application for placing on record office orders dated 11.2.1992. 12.10.1993 and 2.5.1996 (Annexure P2 to P4), is dismissed.

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C.W.P. No. 8940 of 2007

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The petitioner-Management has impugned the award dated 24.5.2002 (Annexure P1) passed Labour Court, Union Territory, Chandigarh, by filing this writ petition.

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The writ petition was filed on 25.5.2007 i.e. after five years of the passing of the impugned award. The only ground taken in the writ petition to explain the delay is that the file of case was lost and hence the delay has occurred. The petitioner-Management ought to have reconstructed the file from the file of Labour Court. No such attempt was ever made by the petitioner to reconstruct the file.

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In view of the above, we dismiss the writ petition on the ground of delay and laches.

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(Ashutosh Mohunta) Judge

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(Kanwaljit Singh Ahluwalia) Judge

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May 5, 2008 “DK”

District Family Welfare Offier v. Presiding Officer and Anr.

Case brief

What is this about?

What did the court decide?

District Family Welfare Offier v. Presiding Officer and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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