J.M. Panchal, C.J. - (1.) The instant appeal is directed against judgment dated May 8, 2007 rendered by the learned single Judge in SBC WP No. 7357/2006 by which the prayer made by the appellant to set aside award dated January 9, 2006 made by the Labour Court, Ajmer in LCR No. 37/99 directing the appellant to reinstate the respondent in service with 10% back wages, is refused.
(2.) The respondent-workman was appointed on April 18, 1988 on daily wage basis. He served the appellant University upto January 4,1989. His services were orally terminated. Therefore he raised dispute regarding validity of the order by which his services were terminated. The dispute was referred to the Labour Court, Ajmer for adjudication. The respondent riled his statement of claim on July 7, 1999. On October 12, 1999, the appellant University was represented by its lawyer before the Labour Court. However, on May 3, 2000, another lawyer i.e. Mr. L.S. Mathur filed appearance on behalf of the appellant University. Again on October 16, 2004, yet another lawyer i.e. Mr. K.G. Joshi filed his appearance on behalf of the appellant University but no reply was filed by the appellant University at all, though, the statement of claim was submitted by the respondent on July 7, 1999. Having regard to the facts of the case, the Labour Court closed the right of the University to file reply by an order dated March 18, 2002. Thereafter, the respondent workman submitted his affidavit dated October 30, 2002 in support of the averments made in the statement of claim. In spite of several opportunities having been offered, the University did not take any steps to cross-examine the respondent-workman regarding the facts which were mentioned by him in his affidavit. Therefore, on November 27, 2004, the right of the appellant to cross-examine the workman on his affidavit was closed.
(3.) The Labour Court thereafter directed the University by an order dated June 22, 2005 to produce certain documents, in spite of specific direction, the University did not produce the documents demanded by the Court. Therefore, by an order dated September 22, 2005 the opportunity to furnish documents was closed with a direction to the appellant University to submit affidavit with regard to the documents. The appellant University submitted affidavit of One Mr. D.L. Verma on November 21, 2005. Mr. D.L. Verma was cross-examined on behalf of the respondent-workman on December 14, 2005. In his cross-examination, the witness could not produce better particulars in support of what was stated in his affidavit which was filed on November 21, 2005.;