legality of the departmental inquiry, what would be the status of an employee after declaring the inquiry to be defective before the labour court ... inquiry shall stand on the same footing as in case of 'no inquiry' as well as in case of 'defective inquiry
employees after the pretense of an inquiry. The inquiry in the instant case does not suffer from defects so serious or fundamental as to make ... employee after the pretense of an inquiry. Thus, dismissal by the employer without inquiry or after defective inquiry is a common factor in both
between
a case where no domestic inquiry had been held and another
in which the inquiry is defective for any reason and the
Labour Court ... inquiry would still
relate to the date when that order was made. In that
decision it was stated thus:
" If the inquiry is defective
between a case where no domestic inquiry had been held and a case in which the
inquiry was defective for any reason and the Labour ... dismissed from service after conducting a domestic inquiry. The
Supreme Court found the inquiry to be defective, but allowed the management to
adduce evidence afresh
order of the dismissal made by the employer in a defective inquiry would still relate back to the date when the order was made ... employees after the pretence of an inquiry. The inquiry in the instant case does not suffer from defects so serious or fundamental as to make
found that no domestic inquiry has been held or the said inquiry is found to be defective". Finally, as to the consequence ... employees after the pretense of an inquiry. The inquiry in the instant case does not suffer from defects so serious or fundamental as to make
domestic inquiry the Inquiry Officer
had put some questions to the delinquent workman
and therefore, the inquiry should be held to be
defective.
Page ... innocuous question put by the inquiry officer,
for purpose of seeking clarification would render
the inquiry defective and whether some innocuous
questions by the Inquiry
victimization. It was further held that if no inquiry was held or inquiry held was defective, then under section 11-A the employer could adduce ... hearing fixed by the Inquiry Officer, that the inquiry was against principles of natural justice, that the inquiry had been held ex-parte, that
order of the dismissal made by the employer in a defective inquiry would still relate back to the date when the order was made ... employees after the pretence of an inquiry. The inquiry in the instant case does not suffer from defects so serious or fundamental as to make
whether the dismissal was
justified once it held that the domestic inquiry was
defective, must be rejected.
Then it is urged that the Labour Court ... order of dismissal made by
the employer in a defective inquiry would still relate back
to the date when the order was made. The observations
