IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (L) No.5914 of 2005
Employers in relation to the management of Amlabad Project of M/s Bharat
Coking Coal Limited, Bokaro ...... Petitioner
Versus
Their workmen Anand Moyee Chatterjee, being represented by its Vice
President, Dhanbad ...... Respondent
CORAM: HON'BLE MR. JUSTICE D.N. PATEL
For the Petitioner : Mr. Anoop Kumar Mehta, Advocate
For the Respondents : Mr. Smita Mitra, Advocate
th
16/Dated: 20 July, 2011
1. Present petition has been preferred only for the limited issue to
the effect that petitioner may be allowed to take evidence before the
concerned Central Government Industrial Tribunal2 at Dhanbad in
Reference No.87 of 2004. The tribunal, by impugned order dated
08.07.2005
, which is at Annexure7 to the memo of appeal, has not allowed
the management to lead evidence.
2. Learned Counsel for the petitioner submitted that they are not
pressing any preliminary point to be raised and to be decided by the
tribunal, even if it is raised, the preliminary issue may be decided with the
reference at the time of final hearing or at the time of final award but
evidence may be allowed to be led by the management for the disputes in
question.
3. Learned counsel for the respondent submitted that preliminary
issue cannot be decided separately because unnecessarily time will be
wasted in deciding preliminary issue and therefore, they have no objection
for adducing evidence before the Industrial Tribunal for the disputes in
question.
4. In view of this limited submission, I hereby allow the petitioner
to adduce documentary as well as oral evidences in support of their claim
and in support of their submissions as well as for the disputes in question
before the Central Industrial Tribunal2, Dhanbad in pending reference
No.87 of 2004 without wasting any time.
5. Learned counsel for the petitioner submitted that they will not
ask for any unnecessary adjournment and if the respondents are not
objecting, the evidences will be completed expeditiously.
6. In view of the aforesaid limited modification, the order passed
2.
by the Central Industrial Tribunal2, Dhanbad dated 08.07.2005,
Annexure7 to the memo of petition, is modified. Evidences are allowed to
be adduced by the petitioner. I hereby direct the Central Government
Industrial Tribunal2, Dhanbad to expedite the hearing of reference No.87
of 2004 and the tribunal will not give unnecessary adjournment to the
parties in reference.
7. This writ petition is allowed to the aforesaid matters with the
aforesaid modification.
(D.N. Patel, J.)
NKC