JAGDISH PRASAD SHARMA Vs. GENERAL MANAGER

JUDGEMENT

(1.) This appeal seeks to challenge judgment dated 02.05.2019 passed by the learned Single Judge of this Court by which writ petition filed by the appellants-workmen against three orders dated 31.07.2018, 21.12.2018 and 01.03.2019 passed by the Labour Court-I, Jaipur (for short 'the Labour Court') has been dismissed. First order dated 31.07.2018 passed by the Labour Court required the appellants to produce their evidence positively by 09.08.2019. Second order dated 21.12.2018 was passed by the Labour Court declining the application filed by the appellants to place certain documents on record on the ground that there was no justification to produce such documents belatedly particularly when order dated 31.07.2018 was already passed. Third order dated 01.03.2019 was passed by the Labour Court observing that on 17.01.2019 peremptory order was passed to produce the evidence and the next date was fixed as 31.01.2019. Since the witnesses were not produced on that day, right of the appellants-workmen to lead evidence has already been closed.

(2.) Mr. Dharmendra Jain, learned counsel for the appellants submitted that the appellants initially filed an application on 07.03.2018 for summoning the documents. Learned Labour Court dismissed that application on the premise that the matter was still at the preliminary stage and that such application could be entertained only after evidence. Subsequently, when similarly application was filed on 25.07.2018 for filing rejoinder and producing the documents, the same was again rejected by the Labour Court vie order dated 31.07.2018 on the premise that despite several opportunities, the appellants-workmen had not produced evidence and now at that stage, their prayer could not be granted particularly when the Supreme Court has directed expeditious disposal of the matter. Learned counsel submitted that unless documents of the appellants are allowed to be taken on record, they could not effectively prove their case. Learned counsel therefore submitted that the documents may be allowed to be taken on record and the witnesses of the appellants- workmen may be allowed to be cross-examined by the management-respondent. Learned counsel submitted that most of the documents sought to be produced on record with application dated 27.09.2018 were obtained by the appellants under Right to Information Act , 2005, therefore, they could not produce them earlier but filed the same with application dated 27.09.2018.

(3.) Mr. Rajendra Prasad, learned Senior Counsel appearing on behalf of the respondent-management submitted that the matter has already been fixed for final hearing. Looking to the conduct of the appellants, they need not be granted any indulgence. Learned Senior Counsel has referred to various orders passed by the Labour Court to show that the appellants have been negligent in conducting the proceedings and they are deliberately delaying the proceedings, despite specific order passed by the Supreme Court. It is submitted that the documents sought to be produced with application dated 25.07.2018 ware already declined by the Labour Court by rejecting that application vide order dated 31.07.2018, therefore, the same documents could not be produced again with a fresh application filed on 27.09.2018. Perusal of the impugned judgment passed by the learned Single Judge and the other material on record indicates that initially the appellants-workmen filed an application on 07.03.2018 for summoning the documents, which was dismissed by the Labour Court vide order dated 01.06.2018 and the matter was fixed for evidence of the appellants-workmen on 12.06.2018. When the matter was listed on 12.06.2018, the appellants- workmen sought time to produce the evidence. Matter was again fixed on 28.06.2018. On that day again, time was sought by the appellants-workmen and the matter was then fixed on 11.07.2018. On this date, time was again sought by the appellants-workmen to produce the evidence and the matter was fixed on 25.07.2018. It is on this date that the appellants filed an application for filing rejoinder and producing the documents on record. Learned Labour Court vide order dated 31.07.2018 dismissed the aforesaid application, specifically observing that in view of the order of the Supreme Court, the matter was to be decided within time limit and the similar matters have already been fixed on other dates, the appellants should necessarily produce their evidence positively on the next date i.e. 09.08.2018. When the matter was listed on 09.08.2019, the appellants did not produce any evidence but sought adjournment contending that they have decided to file writ petition against aforesaid order dated 31.07.2018. On their such request, the matter was fixed on 23.08.2018. Surprisingly, the appellants-workmen did not file any writ petition in the meantime, but again on that day, sought time to produce the evidence. Thereafter, the matter was fixed on 27.09.2018. On that day, the appellants not only filed affidavits of two witnesses but also simultaneously filed an application to take certain documents on record. Copy of the application was provided to the respondent-management and the matter was fixed on 08.10.2018 for reply. When the matter was taken up on 08.10.2018, it was adjourned to 29.10.2018 for reply of the respondent-management. On 29.10.2018, the Labour Court did not function due to the sad demise of former Governor of the State of Rajasthan and the matter was then fixed on 12.11.2018 on which date, Presiding Officer was on leave and therefore, 20.11.2018 was fixed as the next date. On 20.11.2018 the matter was again adjourned as the Presiding Officer was on leave and 29.11.2018 was fixed as the next date. Finally the respondent-management filed reply to the aforesaid application on 29.11.2018 and the matter was fixed for arguments on the application on 10.12.2018. Arguments on the application were heard on 10.12.2018 and the matter was closed for order and ordered to be listed on 21.12.2018. Labour Court vide order dated 21.12.2018 finally dismissed the aforesaid application and fixed the matter for evidence of the appellants on 03.01.2019 on payment of cost of Rs. 1,000/-. When the matter was taken up on 03.01.2019, Presiding Officer was on leave and the matter was fixed on 17.01.2019.