Clemend V. Fernandez vs Giovanola Binny Co. Ltd. on 1 April, 1971
18. On the principles laid down in the Supreme Court cases referred to above and the Full Bench decision in Fernatndez v. Giovanola, Binny Co. Ltd. (1971) K.L.T, 471, I have no hesitation in holding that the Tribunal has correctly found that the orders of termination of the petitioner's service is illegal. Even on the basis of Mr. Justice Raman Nayar's decision in a case of discharge simpliciter for misconduct the employer has to show and the Industrial Tribunal has to consider and decide whether there was reasonable cause irrespective of whether or not that cause amounts to misconduct. The employer could defend his action by leading evidence before the Tribunal to show that there was in fact misconduct and, therefore, the action taken was bona fide and was not a colourable exercise of the power under the Rule. In this case the Tribunal has held that the management's case that he is incompetent, inefficient and that he is a person who is not fit to repose any confidence has not been proved. Nothing has been placed before me to show that in coming to this conclusion the Tribunal has committed any error as such.