Role of witnesses in labour case of ilegal termination
Querist :
Anonymous
(Querist) 26 January 2012
This query is : Resolved
Dear experts,
An employee was terminated on grounds of surplus and hand delivered termination letter in presence of two witnesses which he refused to accept by saying that he will resign.
When he did not resign the company send his dues after 6 month along with that letter.
During cross of management only one witness appeared in court.
The employee's lawyer objected that in absence of second witness it can not be proved that he was hand delivered the termination letter on that particular date.
Is he right that second witness should also be in court for cross examination ?
Raj Kumar Makkad
(Expert) 26 January 2012
There is no legal sanctity of the claim of the counsel for the employee.
prabhakar singh
(Expert) 26 January 2012
Out of hundred witnesses of a fact if only one comes and proves the fact in issue,the opposite side can not insist for production of all witnesses nor can legally press that non production of other witnesses disproves the facts proved by one produced.
Devajyoti Barman
(Expert) 26 January 2012
rightly guided , do follow the same.
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