Evidence act applicability
venkatadri
(Querist) 25 April 2013
This query is : Resolved
Dear Sirs,
I am told the Evidence Act is not Applicable in Labour Courts.
Th gentleman who opined this has said that as per the following Supreme Court Judgements he is right.
1. LLJ 1973 Vol-2 page 136
2. LLJ 1979 Vol-2 page 194/207
Damodar Valley Corp Vs Workmen
Shankar Chakravarthi vs Britannia Biscuits
Please confirm the above and oblige.
Regards,
Tina.
Raj Kumar Makkad
(Expert) 25 April 2013
You obtain the services of any expert personally.
Dr V. Nageswara Rao
(Expert) 26 April 2013
This is an academic question. In Shankar Chakravarthi vs Britannia Biscuits, 1979 AIR 1652, 1979 SCR (3)1165, the Court reiterated what has been held already,i.e., that the Evidence Act is not applicable to quasi-judicial proceedings. This is what the Court said:
5. A quasi-judicial decision presupposes an existing dispute between two or more parties and involves presentation of their case by the parties to the dispute and if the dispute between them is a question of fact, the ascertainment of the fact by means of evidence adduced by the parties to the dispute and often with the assistance of arguments by or on behalf of the parties on the evidence. Parties are arrayed before these quasi judicial Tribunals. either upon a reference under s. 10 or s. 33. There is thus a lis between the parties. There would be assertion and denial of facts on either side. With the permission of the Tribunal and consent of the opposite side, parties are entitled to appear through legal practitioners. before these quasi-judicial Tribunals. The system adopted by these Tribunals is an adversary system, a word as understood in contra-distinction to inquisitorial system. The Labour Court or Tribunal has to decide the lis between the parties on the evidence adduced before it. While it may not be hide bound by the rules prescribed in the Evidence Act it is nonetheless a quasi-judicial Tribunal proceeding to adjudicate upon a lis between the parties arrayed before it and must decide the matter on the evidence produced by the parties before it. It would not be open to it to decide the lis on any extraneous consideration. Justice, equity and good conscience will inform its adjudication.
