Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Law: Punjab Industrial Relations Act, 2010

Section: 33,46,47

Punjab Service Tribunal Act, 1974 (IX of 1974)-- ----S. 4--Punjab Industrial Relations Act, (XIX of 2010), Ss. 33, 46 47 was workman employee--Grievance petition--Dismissed due to non-producing of evidence--Conduct of appellant--Exercising of power by Court--Challenge to--In present case in view of history of case narrated above perception regarding conduct of appellants during trial of grievance petition does not appear contumacious--It is not disputed that appellants are low paid employees serving under respondents and 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--Appeal allowed. JUDGMENT 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…

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