Calcutta High Court (Appellete Side)
M/S. Premier Iron & Steel Works (P) Ltd vs The Third Industrial Tribunal & Ors on 20 January, 2014
Author: Harish Tandon
Bench: Harish Tandon
1
10 20.01.14 W.P. 12657 (W) of 2001
akd
M/s. Premier Iron & Steel Works (P) Ltd.
Vs.
The Third Industrial Tribunal & Ors.
--------
Mr. D. K. Ghosh, Mr. Ranajoy De.
... for the petitioner.
Let the affidavit of service filed in Court today be kept with the record.
Despite service there is no appearance on behalf of the respondents.
The petitioner has assailed the order dated 9th August, 2001 passed by the Third Industrial Tribunal in case no. VIII-473 of 1988, by which an application seeking leave to deliver interrogatories to the alleged 62 workmen is rejected.
Admittedly the Appropriate Government passed an order of reference relating to the termination of services of the alleged 62 workmen.
Before the Tribunal the Union espousing the cause of the aforesaid 62 workmen filed the written statement. In the counter written statement filed by the petitioner/company, a specific defence is taken that there is no existence of employer-employee relationship. It is further stated therein that they are the employees of a contractor, which was duly disclosed in the conciliation proceedings.
The matter was posted for trial. The examination of the witness on behalf of the workmen 2 is in process. The stage for cross-examination of the said witness did not reach. At this stage an application seeking leave to deliver interrogatories is filed by the petitioner/company.
The Tribunal held that the application seeking leave to deliver interrogatories lacks bona fide and if allowed would cause delay in disposal of the said proceedings.
The learned advocate appearing for the petitioner submits that the interrogatories was sought to shorten and minimise the litigation and, therefore, the observations of the Tribunal are par se, wrong and are liable to be quashed and set aside.
Order XI Rule 1 of the Code of Civil Procedure permits the plaintiff or defendant to deliver interrogatories in writing for the examination of the adversery subject to the leave of the Court. The intent or purpose behind the interrogatories is to obtain the admission from the other side relating to the question, which may germane in course of the proceedings.
The witness on behalf of the workmen is already in the witness box. The petitioner shall get ample opportunity to put the questions, which are relevant including the question sought to be delivered by way of interrogatories to the said witness. The petitioner has not started its deposition as yet.
Though it is contended that the said interrogatories would minimise or shorten the litigation, this Court feels otherwise. The matter is at 3 the stage of trial and, therefore, the Tribunal, in my opinion, has not committed any illegality and/or infirmity in passing the impugned order.
The writ petition is devoid of merits. The same is hereby dismissed.
There will be no order as to costs.
(HARISH TANDON, J.)