IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.27970 OF 2018 (L-RES) BETWEEN M/S. STUMPP, SCHUELE AND SOMAPPA SPRINGS PVT. LTD., NO. 139/2, HOSUR ROAD KORAMANGALA, BANGALORE - 560 095 REPRESENTED BY ITS CHIEF FINANCE OFFICER SRI G V KRISHNA KUMAR. ... PETITIONER (BY SMT. ROOPASRI.S, FOR SRI SOMASHEKAR, ADVOCATES) AND MR. I. N. RAMESH S/O SRI NINGE GOWDA AGED ABOUT 31 YEARS, RESIDING AT IGGALORE, VIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT-562138. ... RESPONDENT (BY SRI A J SRINIVASAN, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 20.6.2018 AT ANNEX-G PASSED BY THE III ADDL. LABOUR COURT, BANGALORE IN I.D.38/2014 ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The petitioner is before this Court calling in question the impugned order dated 20.06.2018 at Annexure-G passed by the III Additional Labour Court, Bengaluru on I.A.No.IV in I.D.No.38/2014. I.A.No.IV was filed by the second party i.e., the petitioner herein seeking permission to produce the photocopies of certain documents as detailed in the application and get them marked before the Court during the evidence of the second party management. The Labour Court has rejected the application on the ground that it is not permissible to allow marking of a photocopy, however, notarized copy was permitted to be produced.
2. Learned counsel for the respondent submits that the petition may be allowed while directing the Labour Court to accept the photocopies on the condition that it may be self attested by the second party management that they are true copies of the originals. The learned counsel hasten to add that all other contentions regarding genuineness of the documents to be left open to be contended by the parties before the Labour Court.
3. In the light of the above, petition is allowed while permitting the second party management to produce the documents under I.A.No.IV, which are photocopies but with a condition that the same shall be self attested by the Managing Director or any other officer of the management to say that they are the copies of the original. The submission of the learned counsel for the respondent is also accepted and the parties are permitted to raise all contentions regarding the genuineness of the documents that are allowed to be produced under I.A.No.IV.
4. With these observations, the impugned order dated 20.06.2018 on I.A.No.4 is modified granting liberty to the second party management to produce photocopies of the documents being self attested as true copies of the originals as stated above.
The writ petition is accordingly disposed of.
KLY/ CT-HR SD/- JUDGE