LAWS(JHAR)-2011-7-107

EMPLOYERS IN RELATION TO THE MANAGEMENT OF AMLABAD PROJECT OF M/S BHARAT COKING COAL LIMITED, BOKARO Vs. THEIR WORKMEN ANAND MOYEE CHATTERJEE, BEING REPRESENTED BY ITS VICE PRESIDENT, DHANBAD

Decided On July 20, 2011
Employers In Relation To The Management Of Amlabad Project Of M/S Bharat Coking Coal Limited, Bokaro Appellant
V/S
Their Workmen Anand Moyee Chatterjee, Being Represented By Its Vice President, Dhanbad Respondents

JUDGEMENT

(1.) By the Court.--Present petition has been preferred only for the limited issue to the effect that petitioner may be allowed to take evidence before the concerned Central Government Industrial Tribunal-2 at Dhanbad in Reference No.87 of 2004. The Tribunal, by impugned order dated 08.07.2005, which is at Annexure-7 to the memo of appeal, has not allowed the management to lead evidence.

(2.) Learned counsel for the petitioner submitted that they are not pressing any preliminary point to be raised and to be decided by the Tribunal, even if it is raised, the preliminary issue may be decided with the reference at the time of final hearing or at the time of final award but evidence may be allowed to be led by the management for the disputes in question.

(3.) Learned counsel for the respondent submitted that preliminary issue cannot be decided separately because unnecessarily time will be wasted in deciding preliminary issue and therefore, they have no objection for adducing evidence before the Industrial Tribunal for the disputes in question.