VASUDEV TANAJI NARVEKAR Vs. LARSEN AND TOUBRO LTD

JUDGEMENT

(1.) This Writ Petition has been filed against the order dated 7th September, 2010, passed by the Industrial Court, Mumbai in Complaint (ULP) No. 919 of 2003, disallowing the application filed by the Petitioner for a witness summons to be issued to Shri Anil M. Naik, the Chairman and Managing Director of the Respondent-Company.

(2.) A complaint, being Complaint (ULP) No. 919 of 2003, has been filed by the Petitioner under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, (for short "the MRTU & PULP Acf). In that complaint, the Petitioner has alleged that certain deductions had been made from the wages payable to him, contrary to the settlement signed with the Union on 4th September, 2003. He also contends that he was not informed that such deductions would be made and, therefore, the Respondents have indulged in an unfair labour practice under Item 9 of Schedule IV of the MRTU & PULP Act. He has also pleaded that a part of the deductions made from the workers' salary were paid towards levy to the Union, without any authorization by the workmen.

(3.) It appears that after the written statement was filed by the Respondents, evidence was led by the Petitioner in support of his complaint. The evidence of the Respondents' witness is also closed. Thereafter, the Petitioner has approached the Industrial Court contending that the Chairman and Managing Director should be examined as a witness since the witness who had been examined by the Respondent Company has stated that he was not aware of the facts and that he was not aware whether the Respondent Company had raised loans against the deductions made from the salary payable to the workers.