M/S. Interactive Composition ... vs Workmen Shravni Chatterjee & Anr
2010 Latest Caselaw 4961 Del

                                                        UNREPORTABLE


*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                         W.P. (C) No.6745/2010

                                Date of Decision: October 27, 2010


       M/S. INTERACTIVE COMPOSITION CORPN.... Petitioner
                       through Ms. Prerna Mehta, Advocate

                               versus

       WORKMEN SHRAVNI CHATTERJEE & ANR            ...... Respondent
                    through none

       CORAM:
       HON'BLE MISS JUSTICE REKHA SHARMA

1.     Whether the reporters of local papers may be allowed to see the
       judgment? No
2.     To be referred to the reporter or not? No
3.     Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

Despite service of notice upon respondent no. 1, none has

appeared for the said respondent.

The petitioner has impugned the order of the Presiding Officer,

Labour Court dated July 26, 2010 whereby its application seeking

permission to cross-examine two witnesses, namely, Dev Raj who was

examined as WW-1 and Ms. Radha Devraj who was examined as

WW-32 was disallowed. The learned Labour Court has dismissed the

application on the ground that the petitioner who wanted to

cross-examine these witnesses in order to prove that the workman was

gainfully employed had not disclosed in the application the source of

its information regarding the gainful employment of the workman.

WP(C) No.6745 of 2010 Page 1 Having heard learned counsel for the petitioner, I find that the

reason assigned by the Presiding Officer, Labour Court in not allowing

the application is wholly misconceived. It was not necessary for the

petitioner to reveal the source of its information as to the gainful

employment of the workman. It appears that the petitioner wanted to

elicit this information from the witnesses through the medium of

cross-examination. The request was reasonable and ought not to have

been declined. Hence, I set aside the order dated July 26, 2010. The

Presiding Officer, Labour Court is directed to grant an opportunity to

the petitioner to cross-examine WW-1 - Dev Raj and WW-32 - Ms.

Radha Devraj.

The parties shall appear before the Labour Court on

December 20, 2010 and on the said date, the Labour Court shall give a

date to the petitioner for cross-examination of the aforesaid witnesses.

Thereafter, it shall proceed further with the case.

The writ petition is disposed of.

REKHA SHARMA, J.

OCTOBER 27, 2010 PC.

WP(C) No.6745 of 2010                                                      Page 2