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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Living Media India Limited - Appellant
Versus
Prithvi Raj - Respondent
W.P. (C) No. 2863 of 2021
Decided On : 04-03-2021
Exemption - Cross-Examination - The court allowed exemption subject to all just exceptions. The petitioner was given one opportunity to cross-examine the workman, subject to payment of costs to the respondent. The Labour Court was directed to expedite the proceedings and dispose of the same expeditiously.
Fact of the Case:
The petitioner challenged an order closing the right to cross-examine the workman due to an ambiguity in the workman's affidavit.
Finding of the Court:
The court allowed the writ petition, set aside the order closing the right to cross-examine, and granted the petitioner one opportunity to cross-examine the workman, subject to payment of costs to the respondent. The Labour Court was directed to expedite the proceedings and dispose of the same expeditiously.
Issues: Ambiguity in the workman's affidavit leading to the closure of the right to cross-examine.
Ratio Decidendi: The court found that there was an ambiguity in the workman's affidavit, and therefore, granted the petitioner one opportunity to cross-examine the workman, subject to payment of costs to the respondent.
Final Decision: The writ petition was allowed, the order closing the right to cross-examine was set aside, and the petitioner was given one opportunity to cross-examine the workman, subject to payment of costs to the respondent. The Labour Court was directed to expedite the proceedings and dispose of the same expeditiously.
JUDGMENT
Sanjeev Sachdeva, J. - Cm APPL.8634/2021(exemption)
Exemption is allowed subject to all just exceptions.
1. The hearing was conducted through video conferencing.
W.P.(C) 2863/2021 & CM APPL.8635/2021(stay)
2. Petitioner impugns order dated 18.02.2021 whereby the right of the petitioner to cross-examine the workman has been closed.
3. Learned counsel for the petitioner submits that there was an ambiguity with regard to the affidavit which was tendered by the workman and because of which the cross-examination could not be conducted on the said date.
4. Learned counsel for respondent submits that order dated 18.02.2021 shows that the affidavit of evidence had already been tendered before the said date and respondent had failed to conduct the cross-examination. Without prejudice, he submits that he has no objection to the Writ Petition being allowed and one opportunity being granted to the petitioner to cross-examine the workman, subject to petitioner being put to terms.
5. In view of the above, the Writ Petition is allowed. Order dated 18.02.2021 is set aside. Petitioner is given one opportunity to crossexamine the workman, subject to payment of costs of Rs.10,000/- to the respondent.
6. Further, the Labour Court is directed to expedite the proceedings and dispose of the same expeditiously, preferably within a period of six months from the next date of hearing before the Trial Court.
7. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
The court has the discretion to grant exemption subject to just exceptions and may allow the petitioner an opportunity to cross-examine the workman in cases of ambiguity in the workman's affidavit.
The court affirmed the right to cross-examine witnesses as essential to fair trial proceedings, allowing a party one opportunity to do so despite previous order limitations.
The right to cross-examination is a substantive right, which should not be compromised due to administrative confusion regarding court procedures.
The right to cross-examine is an indelible right of a party before the Civil Court, and should not be denied unless there has been absolute laxity on the part of the petitioner/defendant.
The court emphasized the importance of completing cross-examination within the time frame set by the High Court and allowed two additional days for cross-examination as a special case.
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