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1999 Supreme(Bom) 1006

A.P.SHAH
B. O. C. INDIA LTD. – Appellant
Versus
INDIAN OXYGEN EMPLOYEES UNION – Respondent


Advocates Appeared:
For the Appellant : M.M. Verma and Rajesh Gehani
For the Respondent: C.L. Dudhia and H.D. Buch

ORDER :

A.P. SHAH, J.—Rule.

2. Respondents waive service.

3. By consent petition is taken up for final hearing.

4. The subject matter of this petition under Article 226 of the Constitution of India is the order dated July 19, 1999 made by the Industrial Tribunal on the application U-8 in Reference (IT) No. 11 of 1999.

5. The application Exhibit U-8 came to be filed by the respondents in Reference (IT) No. 11 of 1999 pending before the Industrial Tribunal. The said reference u/s 25-O of the Industrial Disputes Act, 1947 is made to the Industrial Tribunal pursuant to the order passed by this Court on April 13, 1999.

6. During the pendency of the reference application U-8 has been filed wherein the union has prayed that the employer be directed to produce certain documents mentioned in item Nos. 1 to 11 of the said application. The employer resisted the said application by filing a reply contending inter alia that the application and discovery of documents sought by the union is too general in nature and the documents of which inspection is sought have no bearing on the matters in issue and as such inspection should not be allowed. It was also contended that the economic unavailability of G

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