Court No. - 36
Case :- WRIT - C No. - 26580 of 2021 Petitioner :- Murtuzab Haidar Alias Dr. Kazami Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradhumn Kumar Pandey,Anoop Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for petitioner and learned standing counsel for State-respondents.
Learned counsel for petitioner submitted that last date for producing the witness was fixed on 12.01.2021, but plaintiff was not present upon which next date of 10.02.2021 for producing witness was fixed . It is next submitted that petitioner/defendant could not note the date fixed, due to which he could not appear before the Court below and opportunity to produce witness is closed. Petitioner/defendant has moved recall application date 15.09.2021 which was rejected by Assistant Labour Commissioner, Meerut vide order dated 16.09.2021 without considering the aforesaid facts.
I have perused the complete order sheet as well as impugned order dated 16.09.2021 passed by Assistant Labour Commissioner, Meerut. On may dates, plaintiff and petitioner/defendant were not present. Therefore, conduct of plaintiff and opposite party are not appreciable and there is no illegality in the impugned order dated 16.09.2021, but in the larger interest of justice, last opportunity is provided to the petitioner/defendant for producing witness and in case petitioner/defendant could not produce the witness on the date fixed by the Court below, he shall not be provided any further opportunity and matter be decided on merits in accordance with law.
With the aforesaid observations, impugned order dated impugned order dated 16.09.2021 passed by Assistant Labour Commissioner, Meerut is hereby quashed.
Accordingly, writ petition is allowed. Order Date :- 28.10.2021 Sartaj