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AMAUNA M. BHATT
Harbhamsinh Bhagwatsinh Jat – Appellant
Versus
Disman Pharmaceuticals And Chemicals Ltd. – Respondent
JUDGMENT :
Mauna M. Bhatt, J.
1. Workmen have filed this petition seeking following reliefs:
(b) Your Lordship be pleased to issue writ of mandamus or writ of certiorari or any other writ, order or direction, directing the learned Labour Court to reopen the stage of evidence of the petitioners, permit the petitioners to file their respective affidavits and permit the petitioners to proceed with the matter in any stipulation of time that this Hon’ble Court thinks fit.
(c) Pending admission, hearing and disposal of this petition, your Lordship may be pleased to stay the proceeding pending before the learned Labour Court, as the right
The discretion to reopen evidence under Rule 17 of the Industrial Disputes (Gujarat) Rules, 1966 must be exercised judiciously, balancing the rights of both parties and avoiding prejudice.
Parties must be afforded reasonable opportunities to present evidence in labor disputes to ensure procedural fairness, particularly in the context of extraordinary circumstances such as a pandemic.
A party must be afforded a fair opportunity to present their case, even in the face of previous negligence, to uphold the principles of justice.
The necessity of conducting a proper domestic inquiry before dismissal is emphasized, and reliance on inadmissible electronic evidence is criticized.
A management's right to adduce evidence in labor disputes must be exercised timely in written statements, and failure to do so negates the ability to introduce new evidence later.
The existence of a binding settlement under Section 2(p) of the Industrial Disputes Act negates claims of workmen, especially when raised after an excessive delay of 19 years.
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