evidence
Guest
(Querist) 29 July 2009
This query is : Resolved
In an industrial dispute, which has come before a labour court by way of reference, one of the issues is,
Whether the union has properly espoused the case or not?
The onus is on the management naturally, as the objection has been raised by the management in their written statement.
The workers filed the original document of the resolution of general body meeting, where it is resolved to raise this industrial dispute.
The management has not called for in writing from the union any document about membership of the signatories of the general body meeting or subscription receipts. Hence, the workers have not filed the same and in the cross examination they could not show any of these documents, when they were asked to show these documents.
Is it wrong on the part of the workers not to show these documents or is it wrong on the part of the management for not demanding for these documents in writing before the start of the evidence.
Who would be got benefited?
H. S. Thukral
(Expert) 29 July 2009
Dear Mr. Prabhakar:
a substantial number of workmen should espouse the casue of workmen for existence of an ID. In one case SC held that if a dispute is espused by 5 out of sixty workmen then it can not be said to be an ID. Therefore it becomes imperative that the number of workmen participating in the meeting which espused the cause and led to resolutions be produced in evidence. Non production might harm the union case. In my opinion burden to prove pre-existence of an ID is also on workmen.
Guest
(Querist) 30 July 2009
Thank you very much, Mr. Thukral.
