Case Note & Summary
The present writ appeal was filed by the second respondent in the writ petition, who is the Managing Director of the Management of Bojarajan International, challenging the order dated 10.10.2025 passed in W.P.No.2864 of 2021. The first respondent workman had filed a claim petition in C.P.No.129 of 2012 seeking a direction to pay a sum of Rs.1,37,631/- with interest. During the adjudication of the claim petition, an interlocutory application was filed seeking permission to produce additional documents. The Labour Court dismissed the claim petition. Aggrieved, the workman filed a writ petition challenging the Labour Court's order. The writ court considered the issues by examining the records and additional documents produced by the workman. The writ court found that the workman is entitled to establish the genuineness and validity of the additional documents filed before the Labour Court. Accordingly, the writ court allowed the writ petition and directed the Labour Court to consider the additional documents produced by the workman, afford due opportunity to all parties, and pass appropriate orders on merits and in accordance with law, with a timeline of three months for disposal. The appellant management contended that the additional documents were forged and that the genuineness could only be tested during trial, and that the writ court should not have formed even a prima facie opinion. The High Court observed that the writ court did not form any prima facie opinion but merely directed the Labour Court to test the genuineness of the additional documents. The High Court found no infirmity or perversity in the writ court's order and dismissed the writ appeal as devoid of merits, with no order as to costs.
Headnote
A) Labour Law - Additional Documents - Genuineness to be Tested During Trial - Industrial Disputes Act, 1947 - The writ court directed the Labour Court to consider additional documents produced by the workman and test their genuineness during trial. The appellant management contended that the documents were forged. The High Court held that the writ court did not form any prima facie opinion and merely directed the Labour Court to test genuineness, finding no infirmity. (Paras 4-6)
Issue of Consideration
Whether the writ court erred in directing the Labour Court to consider additional documents produced by the workman and test their genuineness during trial.
Final Decision
Writ appeal dismissed. No order as to costs.
Law Points
- Labour Court can consider additional documents during trial
- genuineness to be tested during trial
- writ court not to form prima facie opinion on documents
