Supreme Court: Issues of Party Capacity and Maintainability Must Be Decided by Arbitral Tribunal  ||  Supreme Court: Omissions in Chief Examination Can Be Rectified During Cross-Examination  ||  Supreme Court: Items Given by Accused to Police Are Not Section 27 Recoveries under Evidence Act  ||  Gujarat High Court: Waqf Institutions Must Pay Court Fees When Filing Disputes in State Tribunal  ||  Allahabad High Court: Law Treats All Equally, State Cannot Gain Undue Benefit from Delay Condonation  ||  SC: SARFAESI Act Was Not Applicable in Nagaland Before its 2021 Adoption, Dismisses Creditor’s Plea  ||  SC: Lis Pendens Applies To Money Suits on Mortgaged Property, Including Ex Parte Proceedings  ||  Kerala HC: Civil Courts Cannot Grant Injunctions in NCLT Matters and Such Orders Can Be Set Aside  ||  Bombay High Court: Technical Breaks to Temporary Employees Cannot Deny Maternity Leave Benefits  ||  NCLAT: Appellate Jurisdiction Limited to Orders Deciding Parties’ Rights, Not Procedural Directions    

Remio A. Rodrigues v. Goa Glass Fibre Ltd. - (High Court of Bombay) (28 Apr 2017)

Tribunal has power to recall witness on ground of mistake of an Advocate

MANU/MH/0819/2017

Labour and Industrial

Challenge in present petition is to order, by which learned Presiding Officer of Industrial Tribunal dismissed Petitioner's application for recall of a witness for purpose of cross-examination. It is submitted that under Section 11(3) of Industrial Disputes Act, 1947, Tribunal has power to recall a witness.

Application for recall is required to be allowed in peculiar facts and circumstances of present case. Division Bench of Madhya Pradesh High Court in case of Karam Chand Thapar and Brothers (Pvt.) Ltd., has held that, Sub-section (3) of Section 11 of said Act confers upon Tribunal same powers as are vested in a Civil Court under Civil Procedure Code in matter of enforcing the attendance of a person and examining him on oath. This power includes power to recall a witness.

Blanket proposition in impugned order that, mistake of an Advocate can never be a ground for recall of witness, cannot be accepted. Presiding Officer of Industrial Tribunal is right that, power of recall must be sparingly exercised and that too for a good reason. In case of Jodhpur Gums & Chemicals Pvt. Ltd. v. Punjab National Bank and others, power of recall of a witness was exercised, where there was an oversight of Advocate of Plaintiff in matter of full and complete examination of witness.

In facts of present case, all that Petitioner, through his Advocate seeks to do, is to cross-examine witness as regards authority to take action against employees. The witness in present case had submitted that, he had necessary authority. It was pointed out that, factum of making of such statement escaped her and, therefore, no questions were posed as regards this aspect. Only a general suggestion was put to witness that, he lacks the authority. In a situation of this nature, fact that Petitioner is a workman, who is pitted against employer Company, an additional opportunity, as applied for by Petitioner, was required to be granted. Impugned order nowhere states that, cross-examination on this point would be irrelevant or impermissible. Impugned order proceeds on basis that, Tribunal has no power to recall and in any case, power to recall cannot be exercised on ground of mistake of Advocate for Petitioner. Both these grounds, appear to be widely stated and, therefore, cannot be accepted as a rule. Therefore, in facts and circumstances of present case, impugned order is set aside. Petitioner's application for recall of witness for limited cross-examination, as indicated in application for recall is allowed.

Relevant : Karam Chand Thapar and Bros. (Private), Ltd. vs. Workmen of North Chirimiri Colliery and Ors. MANU/MP/0094/1967; Jodhpur Gums & Chemicals Pvt. Ltd. vs. Punjab National Bank and Ors. MANU/RH/0173/1999

Tags : CROSS-EXAMINATION   RECALL   WITNESS  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved