- (1.) THIS petition has been filed under Article 227 of the Constitution of India for seeking relief to quash the order passed by the Labour Court, Hazaribagh dated 30.07.2008 by which P.W. -4 Ramlal Ram has been recalled for the evidence.
(2.) IN substance, the examination of applicant's witness P.W. -4 Ramlal Ram was concluded by the Court. Thereafter, an application was moved by the respondent that he has indicated the wrong number of the vehicle in his deposition and he wants to give the correct number and the said mistake done by the steno of the Court, while recording the evidence. After going through the entire matter, the learned Labour Court has allowed the application and directed P.W. -4 Ramlal Ram to appear in the Court and further allowed his re -examination and cross - examination. Learned counsel for the petitioner contended that the learned tribunal has exercised his jurisdiction not vested in him and committed irregularity and illegality. From perusal of the records, it is clear that the petitioner has given an application and the right of recall as well as reexamination is vested in the Court. The petitioner would be at liberty to cross examine the witness in during his examination. The Purpose of the legislature to make the speedy reliefs by the Labour Court has been provided under the Act. By entertaining the writ petition at the interlocutory stages, it would amount to defeat the purpose of the law made by the legislature. However, the petitioner would be at liberty to raise these pleas at the time of final stage when the award is challenged before the Court if it is given against him.
(3.) IN view of the above, I do not want to interfere with the matter. The petitioner is not entitled to get the discretion relief in this matter. However, the petition is liable to be dismissed. Accordingly, petition is dismissed with the above indicated liberty. No order as to costs.;