This order dismisses a writ petition challenging a Labour Court’s refusal to hear a workman’s claim due to non-production of show-cause notice and enquiry report in writ proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 195/2018
Rajendra Kumar Meena S/o Shri Shree Ram Meena, aged about 48 years, Resident Of Village Bhedoli Post Kaneti Tehsil Rajgarh District Alwar.
----Petitioner/Workman
Versus
----Respondents
For Petitioner(s) : Mr. Kailash Choudhary For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
09/09/2020
The petitioner has preferred this writ petition challenging the order dated 03.11.2017 passed by the Judge Labour Court, Bharatpur whereby the claim petition of the petitioner has been rejected as the enquiry was conducted fairly and properly and award was passed on 15.11.2017 accordingly.
Learned counsel submits that fair and proper opportunity was not given to the petitioner.
However, this Court finds that neither the enquiry report was placed as an exhibit by the petitioner nor the petitioner was able
(2 of 2)
[CW-195/2018]
to prove his case. By an application, certain documents have been placed on record. This Court asked the petitioner regarding placing the documents before the Judge Labour Court. Counsel submits that documents have not been placed before the Labour Court. No explanation has been given before the Labour Court. In writ petition of certiorari, additional documents cannot be placed. The writ petition is found to be devoid of merits.
The writ petition is dismissed accordingly.
All the pending application stands dismissed.
(SANJEEV PRAKASH SHARMA),J
DANISH USMANI /NITN/15
2 issues framed by the court
Whether the writ petition challenging the Labour Court'’s order on fair opportunity was maintainable.
Whether additional documents could be placed in a writ petition by certiorari.
Rajendra Kumar Meena
Rajasthan State Road Transport Corporation
SANJEEV PRAKASH SHARMA
DANISH USMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
