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2014 (1) TMI 1935 - HC - Indian LawsMis-conduct - mixing inferior quality cotton into superior quality cotton which were said to have caused a loss to the petitioner Cotton Federation - HELD THAT:- In the instant case, the Labour Court concluded that the findings of the Enquiry Officer are perverse and the entire complaint has been allowed by the same judgment without affording any opportunity to conduct a de-novo enquiry to the petitioners Management. The only distinction is that in the Permanent Magnet's case [2001 (7) TMI 1327 - BOMBAY HIGH COURT] , the final order of the punishment was passed and in the instant case, the punishment was proposed in the 2nd show cause notice. The ratio in cases of Bharat Forge, K.S.R.T.C. and Permanent Magnet's case [2001 (7) TMI 1327 - BOMBAY HIGH COURT] shall equally apply to cases wherein the 2nd show cause notice is challenged on identical footings. Therefore, the right to conduct a de-novo enquiry is equally available to every employer, be it in a case where the order of punishment is issued or in a case where punishment is proposed by a 2nd show cause notice. Unless the enquiry was set aside on any count, there was no scope for conducting a de-novo enquiry which right was reserved by the petitioners herein in its written statement. By-passing this settled procedure, the Labour Court in one stroke has branded the findings of the Enquiry Officer as perverse and by accepting the evidence adduced by the respondent, has delivered its final judgment. The conclusion drawn by the Labour Court of declaring the findings as perverse on the basis of evidence adduced before it and in the backdrop of the respondent employee having neither led evidence through his witnesses nor cross examined the management witnesses, is an unsustainable conclusion. Procedure unknown to Law has been resorted to by the Labour Court. Since the respondent employee sought to brand the findings as perverse, such a challenge needs to be considered only on the basis of the evidence recorded in the enquiry and the findings arrived at by the Enquiry Officer in light thereof. The respondent employee led evidence before the Labour Court attempting to bring on record such material which was never before the Enquiry Officer. Fresh evidence recorded before the Labour Court, can not be the basis for branding the findings of the Enquiry Officer as perverse. Going by the magnitude of the challenges to the disciplinary proceedings and disciplinary action, it is imperative that the delinquent should put forth substantive prayers in his complaint or statement of claim as regards the fairness of an enquiry and the findings of the Enquiry Officer. He should specifically set out his prayers seeking directions from the Labour Court for setting aside the domestic enquiry on account of violation of principles of natural justice or findings being perverse or for any other connected reason. Since this aspect of disciplinary proceedings happens to be of paramount importance, pleadings and prayers need to go hand in hand in order to enable the Labour Court to frame specific issues to that extent and deliver its part-I order/Award based on such prayers. A Court normally would not travel beyond the prayers put forth by a litigant. The impugned judgments of the Labour Court and the Industrial Court are quashed - the complaint stands dismissed and the revision stands allowed.
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