Rameshwar Prasad Nagar vs Judge Central Govt. Industrial Tribunal and Another

Shiv Kumar Sharma, J.—Looking to the precise controversy involved, I proceed to dispose of the instant writ petition finally.

At the stage of defence evidence the petitioner (for short ''the workman'') moved an application before the Central Govt. Industrial Tribunal Jaipur (for short the Tribunal'') and prayed to call for the documents including dispatch register, attendance register, payment vouchers, monthly statement of wages for the relevant periods and the orders extending employment of workman, from the respondent (for short ''the employer''). The employer resisted the petition on the ground that the necessary details of desired documents have not been submitted. Learned Tribunal vide order dated May 24, 2005 dismissed the petition by taking the view that documents desired by the workman have nowhere been pleaded in the pleadings, therefore there was no justification for calling upon the employer to place the required documents on record, The workman in the instant writ petition has assailed the said order of the Tribunal.

The employer has filed the return to the writ petition questioning its maintainability.

I have heard the rival submissions,

Industrial Tribunal exercises functions relating to welfare and industrial harmony and in the event of a flagrant violation of law and consequent grave miscarriage of justice, a writ of certiorari may be issued against the Industrial Tribunal. As has been indicated by the Apex Court in Smt. Shail Vs. Shri Manoj Kumar and Others, the High Court not only has power to make directions by way of guiding inferior court or tribunal as to manner in which it would proceed, but also has jurisdiction itself to pass such a decision or direction as the inferior court or tribunal should have made.

Since burden lies on the workman to establish his claim [vide Rajasthan State Ganganagar S. Mills Ltd. Vs. State of Rajasthan and Another, the Tribunal should provide all possible assistance to the workman as the workman does not possess any record in regard to his employment and working days. The only option with the workman therefore is to pray the Tribunal to summon the relevant documents which are lying with the employer.

Strict law of pleadings is not applicable to the matters pending with the Industrial Tribunal. Even if the workman does not give the details of the documents in his statement of claim, it is incumbent on the Tribunal to direct the employer to produce the relevant documents which are needed by the workman to discharge his burden. In the garb of technicalities, path of substantial justice cannot be obstructed. In rejecting the application of workman in the instant case, in my opinion, learned Tribunal has violated the legal parameters and thus grave miscarriage of justice is caused to the workman.

For these reasons, I allow the writ petition and set aside the impugned order dated May 24, 2005. While allowing the application of the workman, I direct the management to produce all the documents which are referred in the application. There shall be no order as to costs.