Evidence act
raghavendra
(Querist) 25 October 2011
This query is : Resolved
sir,
i wante to mark the CD and photo graphs in labour court ,but judge say i will not mark the CD , because evidnece act will not applicable here , is there any citaiton regarding this sir
thanking you
Raj Kumar Makkad
(Expert) 25 October 2011
Presiding offier Labour court is accurate in his approach. Evidence Act in to-to is not applicable in Labour Court.
ajay sethi
(Expert) 25 October 2011
see the aforesaid citation it says although evidence act not applicable section 101 and 102 of evidence act applicable
Punjab Tractors Limited vs Presiding Officer, Labour Court ... on 31 October, 2007
Equivalent citations: (2008) 149 PLR 342
Author: H Gupta
Bench: H Gupta
It is contended that though the provisions of the Evidence Act, 1872 are strictly not applicable to the proceedings before the learned Labour Court, but the provisions contained therein, particularly that of Section 101 and 102 of the Evidence Act, 1872 which are in consonance of the principles of natural justice and equity, are applicable in the proceeding before the learned Labour Court as well.
ajay sethi
(Expert) 25 October 2011
In case "Shankar Chakraverti v. Britannia Biscuit Co. Ltd. ", the Supreme Court was seized of the matter where the employer has sought approval of the Tribunal of its action of terminating the services of the workman under Section 33(2)(b) of the Act. The learned Tribunal rejected the application for approval of the action terminating the services of the workman. The said action was challenged by the Management by way of filing a Civil Writ Petition. The Writ Petition was dismissed, but in appeal, liberty was given to the employer to adduce further evidence to prove the charges alleged against the workman as the issue about validity of the enquiry was not decided as preliminary issue. The Supreme Court set aside the order passed by the Division Bench, inter-alia, on the ground that quasi judicial Tribunal is not required to advice the party either about its rights or what it should or omit to do, but the Labour Court has the trappings of a Court. It was held to the following effect:
x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x
The Labour Court or the Tribunal would then proceed to decide the lis between the parties. It has to decide the lis on the evidence adduced before it. While it may not be. hidebound by the rules prescribed in the Evidence Act, it is nonetheless a quasi-judicial Tribunal proceeding to adjudicate upon a lis between the 'parties arrayed before it and must decide the matter on the evidence produced by the parties before it. It would not be open to it to decide the lis on any extraneous considerations. Justice, equity and good conscience will inform its adjudication. Therefore, the Labour Court or the Industrial Tribunal has all the trappings of a Court.
