- (1.) VIDE order, under challenge, application of the petitioner, to defend the suit, was granted, subject to his furnishing bank guarantee/ fixed deposit of 50% of the principal amount, in dispute. Petitioner is aggrieved by the condition imposed, as referred to above. Before this Court, it has been stated that instead of bank guarantee, petitioner is ready to furnish surety of some immoveable property for the entire disputed amount. Offer made is very fair.
(2.) IN view of facts of this case, order dated 6.2.2006 is modified to the extent that instead of bank guarantee for 50% amount involved, petitioner shall furnish surety of some immoveable property to the satisfaction of the trial Court, for the whole principal amount, in dispute. At this stage, no notice is being issued to the opposite party, because if the respondent is summoned to contest this litigation, it may involve huge expenditure and unnecessary harassment and delay of the proceedings. This view finds support from the judgment of the Division Bench of this Court in C.W.P. No.9563 of 2002, (Batala Machine Tools Workshop Co-op vs. Presiding Officer, Labour Court, Gurdaspur), rendered on June 27, 2002, in which it was held as under:- "We are conscious of the fact that the instant order is detrimental to the interest of the respondent-workman. We are also conscious of the fact that no notice has been given to the respondent-workman before the instant order has been passed. The reason for not issuing notice to the respondent-workman is to ensure that he does not have to incur unnecessary expenses in engaging counsel to appear on his behalf in this Court. The instant order by which the present petition is being disposed of fully protects the interest of the respondent-workman inasmuch as the amount determined by the Labour Court, Gurdaspur by its order dated 22.5.2002 has been required to be deposited by the petitioner-Management before the Labour Court/Labourcum- Conciliation Officer, Gurdaspur." Disposed of. Liberty is granted to the respondent to get this revision petition revived if he feels dissatisfied with this order.;