ALKEM LABORATORIES PVT. LTD. Vs. THIRD INDUSTRIAL TRIBUNAL, WEST BENGAL AND ORS.
LAWS(CAL)-1999-11-19
HIGH COURT OF CALCUTTA
Decided on November 30,1999

ALKEM LABORATORIES PVT. LTD. Appellant
VERSUS
THIRD INDUSTRIAL TRIBUNAL, WEST BENGAL AND ORS. Respondents

JUDGEMENT

Prabir Kumar Samanta, J. - (1.) This writ petition is directed against an order dated 10.6.97 passed by the 3rd Industrial Tribunal rejecting the application of the petitioner company for grant of the special leave for filing documents. The documents relate to the status of the respondent No. 3. While the respondent No. 3 raised the industrial dispute alleging himself to be the workman of the petitioner company, it is the case of the writ petitioner that he was not, rather he was an employee in supervisory capacity. The documents related to such status for the respondent No. 3 Rule 15 of the West Bengal Industrial Disputes Rules, 1958 stipulates that a Labour Court or Tribunal may accept, admit or call for evidence at any stage of the proceeding before it and in such manner as it may think fit. The documents sought to be filed by the writ petitioner being relevant for the purpose of determination as to whether the reference of the Industrial Dispute itself is valid or not, cannot be thrown out on any technical plea. Therefore, the learned Tribunal should in exercise of it's power under Rule 15 of the aforesaid rules have entertained the same, particularly when the examination of the witnesses on the side of the petitioner has not yet been concluded.
(2.) In all these views, I set aside the aforesaid order. This writ petition is further disposed of by directing the learned Tribunal to dispose of the proceeding before him and to pass an award expeditiously. Writ petition disposed of.;


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