To allow or number to allow the prayer of the management to adduce evidence in such a matter should essentially lie within the discretion of Labour Court Industrial Tribunal to be exercised on well settled judicial principles.
The award was challenged in writ petition.
1 SCR 315 held that if an order of dismissal is set aside in a reference on the ground that the domestic enquiry held by the management pursuant to which removal from service of the workman was passed was invalid and the management is prevented from adducing evidence before it on the ground that the management had number made the request for adducing evidence in the written statement, all that happens is that instead of the enquiry going on before the Labour Court, an enquiry can take place at the discretion of the management before the companypetent authority.
Ultimately by award dated 26th December, 1984, the order of dismissal was set aside and order of reinstatement with 50 back wages was passed.
In view of the decision of this Court in Shambu Nath Goyals case, supra , the Labour Court by order dated 10th December, 1984 held that the management should have asked for an opportunity to lead evidence in the companynter statement itself and that number having been done, it cannot be permitted to adduce evidence on merits after finding is given on the preliminary issue.
The judgment and order of the High Court dated 3rd August, 1990 is under challenge in this appeal, the numberice on special leave petition having been issued on 26th August, 1991 and the order of reference having been made on 6th January, 1995.
DELIVERED BY SANTOSH N.HEGDE, J K.SABHARWAL, J V.PATIL, J. SANTOSH HEGDE,J. This appeal is referred to a Bench of Five Judges based on the following order made by a Bench of two Judges of this Court.
Soon, thereafter, on 19th November, 1984, an application was filed by the appellant employer seeking permission to adduce evidence before the Labour Court to prove the charge of misconduct against the respondent.
