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8. As regards the cases before the Labour Court out of which these two appeals arise, the Labour Court framed three issues, first, whether the enquiry conducted by the Enquiry Officer was legal and proper; second, whether the findings of the Enquiry Officer holding the charge as proved against the respondents are correct; and third, whether these two employees are entitled to claim the relief of reinstatement with back wages?

9. By Award dated 06.08.2001 (Annexure-P-9), the Labour Court answered the reference in favour of the employees by recording the following findings:

11. The appellant, felt aggrieved, filed writ petitions in the High Court. The Single Judge, by order dated 31.07.2003(Annexure-P-11), allowed the writ petitions, set aside the award of the Labour Court and remanded the case to the Labour Court for deciding both the matters afresh. The Single Judge held that when the Labour Court held the departmental enquiry to be legal and proper then the only question that remained for the Labour Court to decide was as to whether the punishment imposed on two employees, i.e., “dismissal” was just, legal and proper or it required any interference in its quantum and, if so, to what extent. Having observed this, the writ Court remanded the cases to Labour Court to decide the cases afresh on merits. This is what the learned Single Judge in concluding para held, “10. Keeping in view of all these aspects, I think interest of justice would be served by quashing the awards in both the cases and directing both the matters are to be considered afresh by the Labour Court. It goes without saying that both the matters should be taken up for hearing together and shall be disposed of. Since the matter is pretty old, the Industrial Disputes are to be decided as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.”

22. In the light of this settled legal position, the Labour Court was not right in holding that the departmental enquiry should have been stayed by the appellant awaiting the decision of the criminal Court and that it is rendered illegal consequent upon passing of the acquittal order by the criminal Court. This finding of the Labour Court is, therefore, also not legally sustainable.

23. Now coming to the order of writ Court (Single Judge) though, in our opinion, the Single Judge rightly held the departmental enquiry as being legal and proper but committed an error in remanding the case to the Labour Court without precisely saying as to what the Labour Court has to decide after remand and why writ Court cannot decide such issues in the writ petition. We find that the Single Judge, in concluded para of the order, remanded the whole case afresh for its decision on merits.

24. In our considered view, the Single Judge (Writ Court) having held the enquiry to be legal and proper instead of remanding the case to the Labour Court should have himself examined the short question which had survived for consideration in the writ petition, namely, whether the punishment of dismissal was commensurate with the charges or it required any interference by the Court under Section 11-A of the Act.

25. In other words, the remand to the Labour Court in this case by the Single Judge was not called for. It would have become necessary, if the Single Judge had come to a conclusion that the departmental enquiry is illegal. In such situation, the question would have arisen as to whether the employer should now be given an opportunity to prove the charge before the Labour Court on merits by adducing evidence provided such opportunity had been asked for in any form by the employer (See- Shankar Chakravarti vs. Britannia Biscuits Co. Ltd. & Anr. - AIR 1979 SC 1652).