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Judgment
A.P. Bhangale, J.—Rule. Heard forthwith by consent of parties. Trial Court has rejected application (Exhibit 87) of defendant to reissue witness summons to the Deputy Human Resource Manager of Rashtriya Chemicals and Fertilizers Limited, Mumbai by order dated 9th December, 2013. However, learned trial Court has marked document No. 2 filed along with List of Documents (Exhibit 78) as Exhibit 90. Petitioner (original plaintiff) is aggrieved by that part of the order and it is under challenge in this petition.
Heard learned counsel for the parties at length.
Document No. 2 below list of documents (Exhibit 78) shows that defendant was present on duty on 16-11-2006 and 30-11-2006 from 08:07:00 hrs to 16:50:00 and 08:01:00 hrs to 16:50:00 hrs respectively. He wanted to prove those documents by examining Deputy Human Resource Manager (U) of the RCF. It appears that on earlier occasion witness was summoned, but he could not be examined and documents like attendance certificate, G/S Log Book and History Book etc. were placed on record.
Course adopted by the trial Court to exhibit document without allowing examination of the employer''s representative as witness cannot be sustained. In the result, part of the order questioned in this writ petition is set aside. Learned trial Court is requested to issue witness summons to the representative of defendant''s employer in order to testify veracity of documents below list of documents (Exhibit 78) with opportunity to plaintiff to cross-examine him. Rule is made absolute in these terms with no order as to costs.