A party cannot be permitted to file documents at a later stage in an industrial dispute proceeding if those documents were in its possession and power at the time of filing the written statement, as required under Rule 20-C of the West Bengal Industrial Disputes Rules, 1958.

( 1 ) AN application has been filed under article 226 of the Constitution of India by the company challenging the orders passed by the learned Judge, 4th Industrial Tribunal rejecting the prayer of the company to admit additional documents produced by the petitioner.

( 2 ) THE company has claimed to have been engaged in manufacturing frits and components. The respondent No. 3 who is the main contesting party here was appointed as a junior Officer of the company vide letter dated january 1, 1988 with effect from January 18, 1988. It has been further claimed that he was initially appointed on probation. But subsequently he was confirmed with effect from August 1, 1989 with an enhanced salary, increments and other emoluments.

( 3 ) THE respondent No. 3 has, however, hisputed the stand of the company and submitted that he has never worked in managerial and administrative capacity but all through he had been working as a workman in he company. Since he was illegally and mlawfully terminated from service, he has challenged the order of termination by filing an industrial dispute. The petitioner- company by their application dated May 20, 1999 moved for admitting some additional documents as per list which was, however, resisted by the respondent No. 3 on the ground that those documents were available with the company but due to their sheer negligence and casual attitude they did not take any steps to produce their documents earlier. Therefore, those documents should not be admitted at this stage. the learned Tribunal Judge agreeing with the contention of the respondent No. 3 has, forwever, rejected the prayer of the company and, therefore, it has challenged the order of the learned Tribunal Judge in this writ petition.

( 4 ) THE learned Advocate appearing for the petitioner has vehemently argued that the learned tribunal Judge has illegally and unreasonably rejected the just prayer of the petitioner by shunting its opportunity to file the documents in court. It has been further contended that those documents were not in possession and power of the petitioner at the time when the list of documents was filed before the Industrial tribunal. No sooner those documents came into possession and power of the company, than filed an application to admit those documents in evidence. But unfortunately the learned Tribunal judge without considering the relevancy and also the sufficient cause of late filing only on a technical ground rejected the petitioner's prayer. If those documents are not allowed to be admitted in evidence, it would work out great hardship and prejudice to the petitioner.

( 5 ) THE learned Advocate appearing for the respondent No. 3 has invited my attention that the learned Tribunal has, in the peculiar situation passed the order by rejecting the prayer of the petitioner inasmuch as those documents were well within the power and possession of the petitioner-company before filing the list of documents under Section 20-C of the West Bengal Industrial Disputes Rules.

( 6 ) BEFORE considering the rival contentions of both parties I feel it necessary to quote Rule 15 of the West Bengal Industrial disputes Rules, 1958. "15. Evidence.- A Board, Court, Labour court or Tribunal or an Arbitrator may accept, admit or call for evidence at any stage of the proceedings before it/him and in such manner as it/he may think fit".

( 7 ) ON a plain reading of the Rule it has appeared to me that the statute empowers a litigant to file evidence at any stage of the proceeding. But this Rule 15 shall be conjointly read with Rule 20-C of the West Bengal Industrial disputes Rules, 1958 which is quoted hereunder: "20-C. Inspection of documents.- (1) Within 14 days from the date of filing of the written statement by the second party, the parties shall file a list disclosing the documents which are in their possession and power relating to the matter or matters in dispute and upon which they want to rely, and each party shal