otherwise of the domestic
enquiry. Even if no enquiry has been held by an employer or
if the enquiry is held to be defective, reinstatement ... enquiry.
This Court has held that when an proper
enquiry has been held, it would be open to the
Enquiry Officer holding the, domestic enquiry
some specific opportunity after decision on the
preliminary issue whether the domestic enquiry was all held,
or if held, was defective in favour ... complaining about the punitive termination of service
following a domestic enquiry that the Court or Tribunal as a
matter of law must frame a preliminary
himself the
enquiry ii vitiated for violation of principles of natural
justice. [836 E]
(1) Where in an enquiry before a domestic tribunal tho
delinquent ... such an
enquiry, and there was negative provision excluding a legal
practitioner from such an enquiry. The procedure for enquiry
was the routine
Industrial Disputes Act (14 of 1947), ss. 10 and 33-Domestic
enquiry by management-Jurisdiction of Tribunal to
interfere with findings and consider additional evidence ... enquiry. This
Court has held that when a proper enquiry has
been held, it would be open to the Enquiry
Officer holding the domestic enquiry
Industrial Dispute-Domestic enquiry-Violative of
principles of natural justice-If labour court should give
opportunity to adduce evidence afresh-Failure ... proper enquiry
has not been held or that the enquiry having been held
properly the finding recorded at such an enquiry are
perverse, that
remanded the matter to the Tribunal. The
Tribunal held that the domestic enquiry was vitiated and not
in accordance with the principles of natural justice ... enquiry.
The Enquiry Officer who did not allow that application
received written arguments from both sides and on
93
the conclusion of the enquiry recorded
Thereupon the delinquent did not participate in the enquiry and the enquiry officer concluded the enquiry ex-parte. That led to the ultimate dismissal ... defend him in the domestic enquiry conducted by the enquiry officer. The question is whether the enquiry officer was justified in refusing to permit Talraja
justification of its
decision taken on the basis of a domestic enquiry.
In Rajendra Jha vs. Presiding Officer, Labour Court,
Bokaro Steel City, Distt.Dhanbad ... will entitle the employer to claim the
benefit of the domestic enquiry given. On the other hand,
if in such cases the employer is given
misconduct charged.
This is, however, the position only when the domestic
enquiry preceding the order of dismissal is free from any
defect, that ... such an, event, the employer's findings in
the domestic enquiry will lapse and these will be
substituted by the independent conclusions
Besides, the Enquiry
Officer had gone to Ernakulam from Bombay for holding this
enquiry, because the respondent Union itself wanted that the
enquiry should ... witnesses before
the Enquiry Officer, how can it be said that the Enquiry
Officer did not conduct the enquiry in accordance with the
principles
