2009 (7) TMI 1142 - SUPREME COURT

Whether the principles of natural justice have been violated?

Whether the dismissal is vitiated by the same and is thus bad and unjustified?

Whether the tribunal was justified in reversing its own decision subsequently when there had been no further evidence adduced?

Whether the High Court was right in their appreciation of evidence and exercising power in the matter of interfering with the order of dismissal?

Held that:- Appeal allowed. The impugned judgment and order of the Division Bench of the High Court as well as of the learned Single Judge are liable to be set aside and the order of dismissal passed against the respondent herein must be restored. The learned Single Judge also misused the power vested in him by remanding back the matter to the industrial tribunal for reconsideration when the charges were found to be proved. The tribunal also erred in reversing its own decision on the same evidence for which we fail to see as to how the same forum can appreciate the same evidence differently. The argument that the work assigned to the respondent was not a part of his job even, if accepted does not entitle him to abuse his superiors and create an unhealthy atmosphere where the remaining might just take a clue from the unruly behaviour and subsequently use it to the detriment of the company. Further the letter by which he accepted all the charges sets up a strong proof against the respondent beyond which nothing remains to be analyzed.