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Learned counsel for the respondents, on the contrary, contended that since the Management had indicated to the Labour Court that it would rely upon the evidence already adduced during domestic enquiry, it was under no obligation to lead any fresh evidence but the appellant who had been contending from the beginning that proper opportunity of hearing was not given to her ought to have led her evidence once she was called upon to do so by the Labour Court. Since she had not done it, her claim was rightly dismissed. He further contended that in view of the Proviso to Section 11-A of the Act, the Labour Court had to decide the case on the basis of "the materials on record" and not on the basis of any fresh evidence. In any case, even if it is held that the Labour Court could take fresh evidence, the evidence already recorded during domestic enquiry would constitute "

Having regard to the findings recorded by the Labour Court that the domestic enquiry was not properly and fairly held and an effective opportunity of hearing was not given to the appellant, the Labour Court was right in calling upon the Management to lead fresh evidence. Since the Management did not lead any fresh evidence on merits, the appellant was well within her right to say that she, too, would not lead any fresh evidence. But, for that reason, her claim could not be rejected- Rather, she was entitled to be granted relief then and there. However, having regard to the entire circumstances of me case particularly when the Labour Court had itself found that the enquiry was not fairly and properly held, we allow the appeal, set aside the judgement of the High Court and that of the Labour Court and remand the case back to the Labour Court to decide the case afresh after requiring the parties to lead fresh evidence on merits in pursuance of its order dated 21.11.1995. Having regard to the fact that the appellant was removed from service on 04.04.1987, we direct that the Labour Court shall dispose of the whole matter within three months from this date on which the certified copy of this Judgment is produced before it. There will be no order as to costs.