- (1.) Instant intra court appeal has been preferred against order of the Ld. Single Judge dated 26.10.2012.
(2.) It is really a sorry state of affairs that to whom protection has been provided under the Act of 1947 and who is not in equal bargaining position to compete with the employer and with his meagre means available at his disposal, still not being permitted and provided reasonable opportunity to lead evidence in support of his claim, certainly that deprives him of his fair right in ventilating his grievance.
(3.) Brief facts of the case as alleged are that the appellant-workman had worked on daily wages from 13.03.1986-01.09.1989 which is open to verification by the parties who are permitted to lead evidence in support of their respective claim and the reference was made by the State Government pursuant to which claim was filed by the workman and written statement was filed by the employer and the first available opportunity to the workmen for recording his evidence in his defence was on 24.11.2003 and on four occasions i.e. 20.01.2004, 07.04.2004 and 20.07.2004 and 26.10.2004, the matter was adjourned because of the reason that the Presiding Officer was either on leave or transferred elsewhere and no effective proceedings could take place. However, on 10.01.2005 the workman was unable to submit his affidavit in the form of examination-in-chief and on the next date when the matter came up before the Ld. Labour Court on 14.03.2005 the defence of the workman was struck off by the Ld. Labour Court, against which writ petition came to be preferred at the instance of the workman and the ld. Single Judge under order impugned dated 26.10.2012, was not inclined to grant indulgence in affording opportunity to submit defence in support of his claim.;