Decided on January 04,1957

RAM KANWAR Respondents


- (1.) THIS is a petition under Article 226 of the Constitution by the Punjab National Bank, Ltd. , the matter relates to an industrial dispute which was referred under Section 10 of the Industrial disputes Act, 1947. The petitioner bank challenges an interlocutory order made by the tribunal calling upon the bank to produce and prepare certain documents and statements.
(2.) THE circumstances in which the order was made are briefly these. On 2 September 1953, the dispute between the bank and certain employees was referred to the tribunal. Evidence was taken by the tribunal and on 10 February 1955 the Employees' Federation closed their case. The next day the petitioner bank started producing its evidence and on 21 March 1955 the bank's case was closed. On 5 March 1955, an application was made by the federation for the production of certain documents and other material. Objection was taken to this on several grounds and it was contended by the bank that some of the items given in the federation's application were not in existence, others were in the nature of confidential documents while others were irrelevant and would have to be prepared because they did not exist in the form in which they were required. After hearing the objections of the bank the tribunal ordered the production of some of the items.
(3.) NONE of the documents had been mentioned by the Employees' Federation in the list of documents which they wished to rely upon and it is quite clear that had the dispute been a civil suit being tried under the provisions of the Civil Procedure Code the application of 5 March 1953 made by the Employees' Federation would undoubtedly have been dismissed. The contention of the bank is that the tribunal is governed by the provisions of the Civil Procedure code in the matter of calling witnesses and taking evidence. My attention was drawn to Section 11 of the Industrial Disputes Act and it was pointed out that in all matters concerning the calling of witnesses, enforcing their attendance, issuing commission and "compelling the production of documents and material objects" the tribunal is governed by the Code of Civil Procedure. The order passed by the tribunal was in this case illegal because under the Civil Procedure Code a request of the type made by the Employees' Federation could not have been granted.;

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