Adjournments & Pass-overs Not A Matter Of Right But Only A Courtesy Extended By Court: Delhi HC

The Writ Petition before the High Court assailed the order of the Industrial Tribunal whereby cost of Rs. 20,000 was imposed on the petitioner management.

The Single-Judge Bench of Justice Girish Kathpalia asserted, “It has been repeatedly observed and held that adjournments and passovers are not a matter of right of the counsel but only a courtesy extended by the Court. Since the witnesses were present, instead of adjourning the matter, the learned Tribunal wisely granted a pass-over and examined them in chief.”

Advocate Vinod Kumar represented the Petitioner while Advocate Fidel Sebastain represented the Respondent.

It was the petitioner’s case that the impugned order is not sustainable in the eyes of law because he had only sought a pass-over, so imposition of costs was completely unjustified. It was also disclosed by the Petitioner that an application for amendment of issues was also filed in the industrial dispute pending since the year 2009.

“Falling back to the present case, as reflected from the impugned order, the industrial dispute in which the impugned order was passed is one of the oldest 20 cases pending in that court”, the Bench said while also noticing that the petitioner management is being represented by three authorized representatives before the Industrial Tribunal, out of whom one was granted a pass-over by the Tribunal. Thereafter in the second call, two other authorized representatives sought yet another pass-over but the same was declined. Despite that, those two authorized representatives refused to cross examine the witnesses and sought adjournment.

The Tribunal adjourned the matter subject to costs of Rs. 20,000 half of which was directed to be paid to the witnesses who were being sent back without being cross examined and the remaining half was to be deposited with DLSA.

“This is a classic case of efforts done by one of the litigants to protract the proceedings with the object of frustrating the other side so that the other side gives up. Such a conduct, especially in the industrial disputes, which involve extreme disparity of resources available to the rival litigants has to be deprecated”, it held.

Since despite pass-over, the authorized representatives of the petitioner management chose to insist for adjournment, the Tribunal justifiably imposed costs, to be paid to the witnesses.

“In my view, the learned Industrial Tribunal adopted a perfectly justified approach by first granting pass-over so that the witnesses would not go unexamined and thereafter offered the witnesses for cross examination by the authorized representatives of the petitioner management and finally adjourning the matter with costs to be paid to the witnesses, who had wasted their day and were to come again”, the Bench said.

Terming the Petition as frivolous which was brought with oblique intention to further protract the proceedings, by even filing a stay application, the Bench held, “Therefore, the impugned order is upheld and the petition is dismissed with further costs of Rs. 20,000/- to be deposited by petitioner with DHCLSC within one week.”

Cause Title: R B Seth Jessa Ram Hospital Bros v. R B Seth Jessa Ram Hospital Workmen Union [Neutral Citation: 2024: DHC: 9285]

Appearance:

Petitioner: Advocate Vinod Kumar

Respondent: Advocate Fidel Sebastain

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