PUNJAB WOOLLEN TEXTILE MILLS Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution filed by M/s Punjab Woollen Textile Mills, Chheherta, district Amritsar, challenging the legality of the order dated 14the of March, 1967, passed by the Industrial Tribunal, Punjab, at Chandigarh, respondent No. 1.

(2.) The petitioner Company is engaged in the manufacture of woollen textiles at Chheherta. By a notification dated 31st of May, 1966, the State of Punjab referred the following two items of dispute between the Company and its workmen under Section 10(1) of the Industrial Disputes Act,, 1947 (hereinafter called the Act).

(3.) There is no manner of doubt that according to Section 11(3) of the Act,, an Industrial Tribunal has the same powers as are vested in a Civil Court under the Civil Procedure Code when trying a suit in respect of enforcing the attendance of any person and examining him on oath, for compelling the production of documents and material objects and for assuming commissions for the examination of witnesses. It is true that an Industrial Tribunal is not bound by all the technicalities of Civil Courts, but because its functions and duties are very much like those of a body discharging judicial functions, the procedure adopted by it had nevertheless to be of the same pattern as followed by the Civil Courts. While mentioning the circumstances under which an application for leave to appeal against the order of an Industrial Tribunal should be entertained by the Supreme Court, it has, in The Bharat Bank Ltd. Delhi v. The Employees of the Bharat Bank Ltd, Delhi and the Bharat Bank Employee Union, 1950 AIR(SC) 188 observed thus :-