Issues framed by Labour court Issues framed by Labour court

2 years ago

A case is pending in Hon'ble Labour court under industrial dispute act. Hon'ble Court has framed 2 issues
1 Whether the employee proves that he was illegally terminated by the employer?
2 Whether the employee proves that he is entitled to claim the relief on reinstatement with back wages as prayed?
3 What order.

Request your kind help with below questions.

The case is in evidence stage.
1 Can email communication print between employee and employer be submitted as evidence without 65 b certificate.
2 Does the 2 nd issue means or implies 'whether employee is a workman or not'?
3 how employee can seek certain documents from employer to prove termination was illegal as the employee doesn't have access to these documents?

Abhimanyu Shandilya

Responded 2 years ago

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A.1. No Most of the court make it mandatory to submit 65B Certificate.
2. This is question is not framed in the issue hence the court is not going to deal with this question.
3. The employee has to request the Court to pass an order to get those documents or the employer has to produce in the court.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
My answers are as follows:

1 Can email communication print between employee and employer be submitted as evidence without 65 b certificate.
Ans: Why you are avoiding 65B certificate. If the judge is not okay then he may not allow to mark Email communications without 65B certificate.

2 Does the 2 nd issue means or implies 'whether employee is a workman or not'?

Ans: Such issue is not at all raised by the Court as such you are deemed as workman only.

3 how employee can seek certain documents from employer to prove termination was illegal as the employee doesn't have access to these documents?
Ans: You can file interim application under the following provision of law to get such documents from your employer.
ORDER XVI-SUMMONING AND ATTENDANCE OF WITNESSES [185][1. List of witnesses and summons to witnesses— (1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall present in Court a list of witnesses whom they propose to call either to give evidence or to produce documents and obtain summonses to such person for their attendance in Court. 73 (2) A party desirous of obtaining any summons for the attendance of any person shall file in Court an application stating therein the purpose for which the witness is proposed to be summoned. (3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such part shows sufficient cause for the omission to mention the name of such witness in the said list. (4) Subject to the provisions of sub-rule (2), summonses referred to in this rule may be obtained by the parties on an application to the Court or to such officer as may be appointed by the Court in this behalf.] [186][1A. Production of witnesses without summons— A subject to the provisions of sub-rule (3) of rule 1, and party to the suit may, without applying for summons under rule 1, bring any witness to give evidence or to produce documents.] 2. Expenses of witnesses to be paid into Court on applying for summons— (1) The party applying for a summons shall, before the summons is granted and within a period to be fixed, pay into Court such a sum of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the Court in which he is required to attend, and for one day's attendance. (2) Experts—In determining the amount payable under this rule, the Court may, in the case of any person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary for the case. (3) Scale of expenses—Where the Court is subordinate to High Court, regard shall be had, in fixing the scale of such expenses to a any rules made in that behalf. [187] [(4)] Expenses to be directly paid to witnesses—Where the summons is served directly by the party on a witness, the expenses referred to in sub-rule (1) shall be paid to the witness by the party or his agent.]

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Anik

Responded 2 years ago

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A.Hi,
Section 65B of the Indian evidence act is of utmost importance in accepting emails as admissible evidence by the courts as it gives us an important inference as to how an email or any other electronic document can be produced before the court as admissible evidence. Secondly, the questions that you have put forth will be investigated by the court and depends on the credibility of the evidence produced.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance with the conditions in Section 65-B of the Evidence Act. The court will investigate into the query whether the employee was a workman under the defined laws and then decide the illegality of the termination.
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