SUPER CASSETTES INDUSTRIES LTD. v. STATE OF HIMACHAL PRADESH
2010-03-03
DEV DARSHAN SUD
body2010
DigiLaw.ai
JUDGMENT Dev Darshan Sud, J.(Oral)-The petitioner has challenged the order Annexure P-8 to the writ petition passed by the Labour Court on 13.12.2007, directing the Labour Officer, Baddi to inspect the records, which according to the Court were not produced before him by the petitioner and to file a report of compliance before 31.12.2007. 2. Without entering into the merits of controversy before the learned Court, all that need be said is that this is an omnibus order which has been passed by the Court. Under Section 11(3) of the Industrial Disputes Act, 1947 (hereafter referred to as the Act) and Rule 27 of the Himachal Pradesh Industrial Disputes Rules, 1974, the Court has ample powers to direct the production of any record or evidence which the Court considers necessary. It is not disputed before me that a reference under Section 10 of the Act is pending adjudication before the Labour Court. In these circumstances, it was open to the Court to have ordered the production of the records required or alternatively for the respondent- workman to have moved that Court for production of records/ evidence. In the facts and circumstances of this case, this writ petition is allowed. Annexure P-8 is quashed and set aside. The Court below shall dispose of the reference expeditiously in accordance with law. 3. This order shall not affect the pendency of any criminal or other proceedings which may have been instituted against the petitioner. The writ petition is disposed of. There shall be no order as to costs. Pending applications shall stand disposed of and interim order(s) vacated.