N.Jeevanantham v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 2/2/2016 C O R A M THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.2373 of 2016 N.Jeevanantham ... Petitioner Vs

1. The Presiding Officer Labour Court Coimbatore.

2. The Management Sri Ranganathar Spinners rep. By its Partner Mr.Devakrishnan No.123 Sathyanarayapuram Coimbatore.

... Respondents Prayer :

Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified mandamus to call for the entire records pertaining to the order dated 23/9/2015 in I.A.No.183/2015 in I.D.No.39 of 2013 on the file of the Labour Court, Coimbatore and quash the same and consequently direct the second respondent to produce the documents mentioned in I.A.No.183/2015 in I.D.No.39 of 2013 on the file of the labour Court, Coimbatore. For Petitioner : Mr.S.Saravanan

O R D E R

Heard Mr.S.Saravanan, learned counsel appearing for the petitioner.

2. This writ petition has been filed praying to call for the entire records, pertaining to the order, dated 23/9/2015, in I.A.No.183/2015 in I.D.No.39 of 2013, on the file of the Labour Court, Coimbatore and quash the same and consequently, direct the second respondent, to produce the documents mentioned in I.A.No.183/2015 in I.D.No.39 of 2013, on the file of the labour Court, Coimbatore.

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3. The petitioner had filed an Interlocutory Application before the labour Court, Coimbatore, under Section 11 (3) (B) of the Industrial Disputes Act, to direct the respondent to produce the petition mentioned documents. Interlocutory Application has been dismissed, on the ground that it is for the second respondent/Management, to prove the case against the petitioner and the documents sought for by the petitioner from the respondent is not necessary to prove the case of the petitioner. However, the respondent having filed the documents mentioned in petition serial Nos.5 and 6 along with his counter, it is not necessary to direct the respondent to produce the petition mentioned documents in Serial Nos.1 to 4. In the absence of any error in the exercise of discretion by the labour Court, the impugned order calls for no interference.

4. In the result, this writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mvs To The Presiding Officer Labour Court Coimbatore.

+1cc to Mr.S.Saravanan, Advocate, S.R.No.6655 W.P.No.2373 of 2016 PPA(CO) CA(15/02/2016) https://hcservices.ecourts.gov.in/hcservices/