Through this Labour Appeal filed under Sections 46 and 47 of the Punjab Industrial Relations Act, 2010 the appellants seek to challenge the impugned order dated 27.05.2019 passed by the learned Presiding Officer, Punjab Labour Court No. 9, Multan, whereby their grievance petition was dismissed for want of evidence.
2. Relevant facts of the instant appeal are that appellant Ghulfam Ali and 05 others filed grievance petition under Section 33 of the Punjab Industrial Relations Act, 2010 read with Punjab Standing Order 1968 against the respondents before the Punjab, Labour Court No. 09, Multan pleading that they being workmen discharging duties to the entire satisfaction of their superior officers for a continuous period of more than nine months were entitled for regularization into service, under Punjab Standing Order 1968, for which they served mandatory notice upon the respondents for regularization of their service but finding no positive response were therefore constrained to file the grievance petition, which was contested from the opposite side. The appellants were required to lead their evidence first during the trial for which they were afforded many opportunities. The appellants were also issued warning and imposed costs for production of evidence but on account of their failure to adduce evidence on 27.05.2019 invited the wrath of impugned order assailed through this appeal opposed by the respondents.
3. Arguing the appeal learned counsel for the appellants submits that the impugned order is against law and facts and quite harsh because the appellants being poor and low paid employees had been bringing their evidence on several dates but was not recorded on account of reasons not attributable to them. Further argued that on the date in question when the impugned order was passed the appellants could not get departmental permission to leave their duties by their superiors as they were annoyed over their act of agitating their grievance before Labour Court.
In this background the learned Labour Court Judge was expected to grant further adjournment but harsh option was exercised. Ultimately seeks acceptance of appeal and remand of the case to the learned lower forum for adjudication on merits after proper trial. The learned DDA for the respondents has opposed the appeal by defending the impugned order as perfectly legal and correct.
4. Heard. Record perused.
5. On perusal of order sheet maintained by the learned trial Court particularly relating to production of evidence it is found that the grievance petition of the appellants was fixed for leading evidence on countless dates but on most of dates either the learned Presiding Officer had been transferred or on leave and practically 2/3 dates were given to the appellants for production of their evidence with seriousness and costs of Rs. 500/- was also imposed. Even on the preceding date of the impugned order the grievance petition was adjourned due to strike of lawyers , meaning thereby that the case was not adjourned on the request of a party . It hardly requires to be reiterated that the provision of Order 17 Rule 3 CPC relating to production of evidence by any party during the trial of the civil matter , under which the impugned order has been passed is permissive and discretionary in nature and the Court can close the right of evidence of a party only if it contumaciously fails to' produce its witnesses. In the present case in view of the history of the case narrated above the perception regarding conduct of the appellants during the trial of the grievance petition does not appear contumacious. It is not disputed that the appellants are low paid employees serving under the respondents and the learned Presiding Officer, Punjab Labour Court No. 9, Multan ought to had exercised power leniently in view of their status and prevailing circumstances under which they were serving.
Viewed in the above context the. impugned order dated 27.05.2019 is not sustainable in the eyes of law which is resultantly set aside while allowing this appeal and the matter is remanded to the learned Presiding Officer, Punjab Labour Court No. 9, Multan to provide only one opportunity to the appellants to lead their evidence after receipt of copy of this judgment and decide the grievance petition afresh in accordance with law after satisfaction of formalities of trial. A copy of this judgment along with record be remitted to the learned Court concerned immediately . File of appeal to records.