Sgs India (Pvt.) Ltd. vs Pawan Kapoor
2006 Latest Caselaw 1660 Del

JUDGMENT

Shiv Narayan Dhingra, J.

1. By this writ petition, the petitioner has challenged the order of Labour Court-II, Delhi dated 7.8.2004 whereby the evidence of the management was closed and the matter was fixed for evidence of workman.

2. The short issue involved is - whether the Tribunal should have closed the evidence when the cross examination of MW-2, a witness of management was recorded and no other witness on behalf of the management was present.

3. A perusal of the various order-sheets would show that in this case both sides have been taking adjournment one after another and the recording of evidence stretched over a period of two years. Issues were framed on 14.3.2002 and thereafter workman evidence was concluded on 25.8.2003 and the case for management evidence was fixed for 20.10.2003.

4. It is seen from the record that management filed affidavit of one witness first and when his cross examination was concluded then management filed affidavit of second witness and thereafter when his cross examination was concluded management pressed for examination of another witness whose affidavit was not filed. I consider that such a procedure being adopted before the Tribunal was bound to result into delays. After framing issues, Tribunal should have asked both the parties to file affidavits of the witnesses they wanted to examine within a time limit and then should have fixed the case for cross examination of witnesses. An industrial dispute is required to be decided within a period of six months and the Tribunal should so organise the management of cases that minimum time is wasted in pleadings and repeated adjournments are not granted to either side. The pleadings should be completed, as far as possible, within two/three hearings.

5. In this case management should have filed list of witness as well as affidavits of all the witnesses in the very beginning. Management did not file the same and has been taking the matter casually.

6. Looking at all facts and circumstances of the case, the writ petition is conditionally allowed, subject to cost of Rs. 10,000/- to be paid to workman. One opportunity is given to the management to examine its remaining evidence. Parties shall appear before the Tribunal/Labour Court on 10.10.2006, on which day costs be paid to workman. Affidavit of witness should be filed by management on the same day and the court shall fix the case for cross examination. No further opportunity shall be given. If no cost is paid and no witness is examined, management shall pay Rs. 10,000/- as cost for delaying the proceedings by filing a writ petition for relief for which it was not serious.