EXCEL FRITS AND COLOURS LTD Vs. STATE

JUDGEMENT

(1.) An application has been filed under Article 226 of the Constitution of India by the company challenging the orders passed by the learned Judge, 4th Industrial Tribunal rejecting the prayer of the company to admit additional documents produced by the petitioner.

(2.) The company has claimed to have been engaged in manufacturing frits and components. The respondent No. 3 who is the main contesting party here was appointed as a Junior Officer of the company vide letter dated January 1, 1988 with effect from January 18, 1988. It has been further claimed that he was initially appointed on probation. But subsequently he was confirmed with effect from August 1, 1989 with an enhanced salary, increments and other emoluments.

(3.) The respondent No. 3 has, however, hisputed the stand of the company and submitted that he has never worked in managerial and administrative capacity but all through he had been working as a workman in he company. Since he was illegally and mlawfully terminated from service, he has challenged the order of termination by filing an industrial dispute. The petitioner- company by their application dated May 20, 1999 moved for admitting some additional documents as per list which was, however, resisted by the respondent No. 3 on the ground that those documents were available with the company but due to their sheer negligence and casual attitude they did not take any steps to produce their documents earlier. Therefore, those documents should not be admitted at this stage. the learned Tribunal Judge agreeing with the contention of the respondent No. 3 has, forwever, rejected the prayer of the company and, therefore, it has challenged the order of the learned Tribunal Judge in this writ petition.