The appellate authority under the Tamil Nadu Shops and Establishments Act can summon parties for examination and compel document production, interpreting 'any person' to include parties to the proceedings.

ORDER :

(R.N. Manjula, J.)

This writ petition has been filed challenging the orders of the first respondent dated 11.03.2022 made in I.A.No.3 of 2021 in TNSE-1/IA 3 of 2021.

2. The petitioner has filed an appeal before the fist respondent / appellate authority by challenging his termination. While the appeal was pending before the first respondent the respondents 2 and 3 have filed an application to direct the petitioner to produce certain documents and subject himself for examination. The first respondent had considered the said application and allowed the same and granted the relief as requested by the respondents 2 and 3.

3. Mr.Balan Haridas, the learned counsel for the petitioner, submitted that the above order has been passed by invoking the powers of the first respondent under Section 41 2(A) of the Tamil Nadu Shops and Establishments Act (hereinafter referred as “the Act”). But the said provision is applicable only for summoning and enforcing the attendance of any third persons and not the parties to the proceedings.

4. Mr.P.Raghunathan, the learned counsel for the second respondent submitted that the word “Any person” employed in the provision is applicable to the parties to the proceedings as well and hence the order of the first respondent is only in accordance with the provision.

5. For purposeful appreciation of the matter, Section 41 2(A) of the Act under which the impugned order has been passed is extracted hereunder:

“41 2(A): The appellate authority may, if it considers that any document or the testimony of any person is relevant or necessary for the discharge of its duties under this Act as appellate authority, call for and inspect such document or summon and examine such person. For the aforesaid purposes, it shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908), in respect of the following matters, namely:-

(i) summoning and enforcing the attendance of any person and examining him on oath;

(ii) compelling the production of documents;

(iii) issuing commissions for the examination of witnesses

6. The above provision would give the powers of a Civil Court to the appellate authority to summon or enforce the attendance of any person and to examine him on oath and compelling the prior production of certain documents and issue commissions for the examination of witnesses. Even though the civil procedure and rules of evidence are not strictly applicable to the quasi judicial proceedings that is being conducted by the first respondent, the Act would say that the authority would have the powers of the Civil Court so far as it relates to production of certain documents and summoning and enforcing the attendances of any person for the purpose of the proceedings.

7. So far as the impugned order is concerned, that has already originated from an application made by the respondents 2 and 3 for seeking production of certain documents on the allegation that the petitioner is working at abroad and that is the reason why he is delaying the proceedings to the extent possible. Admittedly, the appeal has been filed in the year 2008 and it has not yet been disposed so far. However, it is the contention of the respondents 2 and 3 that the petitioner is making delaying tactics.

8. Section 41 2(A) of the Act would empower the appellate authority to issue certain orders for the purpose of getting the evidence relevant to the proceedings, in case the same is in the custody of any third persons and certain matters are within the knowledge of the third person. However, it is submitted by the learned counsel for the respondents 2 and 3 that the word “any person” would include the parties to the proceedings also. A person who is being a party to the proceedings will always have the burden to prove his contentions. If a party intends to come to the witness box and gets himself examined as a witness, that would give advantage to the other party also to cross-examine. T