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2011 DIGILAW 704 (JHR)

Employers in relation to the Management of Amlabad Project of M/s Bharat Coking Coal Limited, Bokaro v. Their Workmen Anand Moyee Chatterjee, being represented by its Vice President, Dhanbad

2011-07-20

DHIRUBHAI NARANBHAI PATEL

body2011
ORDER D.N. Patel, J. 1. By the Court.--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 Tribunal-2 at Dhanbad in Reference No.87 of 2004. The Tribunal, by impugned order dated 08.07.2005, which is at Annexure-7 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 Tribunal-2, 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 by the Central Industrial Tribunal-2, Dhanbad dated 08.07.2005, Annexure-7 to the memo of petition, is modified. Evidences are allowed to be adduced by the petitioner. I hereby direct the Central Government Industrial Tribunal-2, 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. Petition allowed.