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Industrial Tribunal has power to recall witness on ground of mistake of an Advocate

The High Court of Bombay in Remio A. Rodrigues v. Goa Glass Fibre Ltd. has held that application for recall is required to be allowed in peculiar facts and circumstances of present case. Division Bench of Madhya Pradesh High Court in case of Karam Chand Thapar and Brothers (Pvt.) Ltd., has held that, Sub-section (3) of Section 11 of said Act confers upon Tribunal same powers as are vested in a Civil Court under Civil Procedure Code in matter of enforcing the attendance of a person and examining him on oath. This power includes power to recall a witness.

Blanket proposition in impugned order that, mistake of an Advocate can never be a ground for recall of witness, cannot be accepted. Presiding Officer of Industrial Tribunal is right that, power of recall must be sparingly exercised and that too for a good reason. In case of Jodhpur Gums & Chemicals Pvt. Ltd. v. Punjab National Bank and others, power of recall of a witness was exercised, where there was an oversight of Advocate of Plaintiff in matter of full and complete examination of witness.

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