Ideal Jawa (India) Pvt. Ltd. vs C. Madan Mohan And Anr. on 22 July, 1971
11. We have carefully gone through the decision in Ideal Jawa's (India) Pvt. Ltd. v. C. Madan Mohan (supra). We have been unable to satisfy ourselves that the Division Bench has, in fact, laid down as a proposition of law that it is a prerequisite for the concerned workman to adduce evidence in proof of his want of knowledge of the facts or he having been prevented by sufficient reason to lead evidence when the domestic enquiry was pending, and satisfy the Labour Court or the Industrial Tribunal, to enable him to claim before the Industrial Tribunal his right to adduce evidence in proof of his allegations regarding mala fides or victimisation. We have clearly understood the decision to lay down that while adducing evidence in proof of his allegations about mala fides and victimisation, he has also to satisfy the concerned Labour Court or the Tribunal as to why he could not lead evidence on those aspects when the domestic enquiry was pending or whether he was prevented by sufficient reason to lead evidence when the domestic enquiry was pending.