1. Arguments addressed on behalf of either side.

2. The petitioner assails the impugned order dated 20th February, 2017 of the learned POLC-XVI in Old ID No.69/2013, new LIR No.5295/2016 whereby an application under Order XVIII Rule 17 r/w Section 151 CPC filed on behalf of the workman seeking recalling of MW-1 Sh. Jaidev Ghoshal, (the management witness) for cross-examination was declined.

3. It is has been submitted on behalf of the workman that Mr.G.V. Gopinathan, the counsel for the workman due to his ailment and indisposition due to his suffering from a severe headache and fever could not appropriately cross-examine the management witness MW-1 Jaidev Ghoshal on 9th July, 2016.

4. A further submission was made on behalf of the petitioner that the petitioner was harassed by the management during the proceedings and even before which is refuted on behalf of the management, which is, however, not germane for consideration of the present lis.

5. The petition has been vehemently opposed by the learned counsel for the respondent/management placing reliance on the observations in the order dated 20th February, 2017 and placing reliance on the judgment of Hon’ble Supreme Court in