Mohammad Rafiq, J. - (1.) This writ petition seeks to challenge the award dated 20.2.2004 whereby learned Labour Court-cum-Industrial Tribunal, Ajmer (for short, 'the Tribunal') has closed the evidence of the petitioner-workman and accordingly answered the reference in negative.
(2.) Learned Counsel for petitioner has argued that some dispute was going on between the Presiding Officer of the Tribunal and the petitioner's Advocate and for that reason the petitioner had to suffer. On certain dates, the Presiding Officer was not available and on two dates immediately before the impugned award was passed the petitioner workman was present but for the reasons best known to the Presiding Officer, his cross- examination did not take place. The matter was fixed on 20.2.2004 for cross-examination of the petitioner but on that very date the learned Presiding Officer of the Tribunal has passed the impugned award by closing evidence of the petitioner. If the evidence was to be closed on that date, the matter ought to have been deferred to final arguments for at least one date, but the learned Presiding Officer of the Tribunal answered the award on that date itself.
(3.) Learned Counsel for the respondent opposed the writ petition.;