Dipak Kumar Sen, J. - (1.) At the instance of the parties the appeal was treated as in the days list. By consent, filing of paper book was dispensed with and the undertaking given in that behalf was directed to stand discharged. The appeal and the application were heard together.
(2.) The materials facts are that the Seventh Industrial Tribunal, West Bengal, is adjudicating on certain disputes between the appellant, Sushil Kumar Giri, a workman and his employer the Ganges Printing Ink Factory Employees Co-operative Society, Ltd., respondent 3. In the course of examination of a witness it was considered by the appellant that production of certain documents in the possession and custody of respondent 3 was necessary for the proper adjudication of the dispute. The appellant made an application before the Tribunal on an affidavit affirmed on 16 June 1983, for production of nine documents, particulars of which were given. Respondent 3 objected to the production called for and filed a counter-application. After hearing the parties the Tribunal by its order, dated 29 July 1983, directed production of the said documents. Respondent 3 moved this Court under Art. 226 of the Constitution, for setting aside the said order of the Tribunal. By an order, dated 27 September 1983, the order of the Tribunal, dated 29 July 1983, was set aside and the Tribunal was directed to rehear the matter afresh on the question of relevancy of documents called for and pass necessary orders thereafter.
(3.) The Tribunal reconsidered the matter on further affidavits and passed an order on 13 February 1984, directing respondent 3 to produce five documents by 29 February 1984. Respondent 3, it is alleged, failed and neglected to comply with the said order and did not produce the said documents.;