AHMEDABAD NEW TEXTILE MILLS Vs. RAJUBHAI DALCHANDBHAI

JUDGEMENT

(1.) Rules. Mr. Mehta waives service of Notice of Rule.

(2.) Present writ petition is filed by the employer to challenge the order passed by the Industrial Court, Ahmedabad in Revision Application No. 13 of 1997 on 26.9.1997.

(3.) The respondent has filed T. Application No. 292 of 1992 before the Labour Court, Ahmedabad and in support of his claim he has produced some documents. One of the documents produced by him is the gate pass, copy of which is produced at Annexure F on page 37 of this petition. When the witness for the present petitioner was in the witness box, the respondent wanted to ask the witness to identify the signature on the said document. Admittedly, said document is a xerox copy and the original is not produced by the petitioner. It is also submitted before me that during his testimony, the respondent has not also made out any case about the loss of original as well as how the petitioner came in possession of the copy of the document. When the respondent wanted to show the document and ask the witness to identify the signature on the same, objection was raised on behalf of the present petitioner contending that the document, in question, is not the original one and the xerox copy of the document is in the nature of secondary evidence. The petitioner contended that in view of Sec. 63 of the Evidence Act, the respondent could not show the said document. Said contention was upheld by the Labour Court. Hence the respondent had gone in revision before the Industrial Court, Ahmedabad. The Revisional Court allowed said revision and directed that the respondent would be at liberty to show the said document to the witness during the cross examination of the witness and permit the respondent herein to put questions on the said document.