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2014 (5) TMI 1229 - HC - Indian LawsPermanent stoppage of two increments - acts of misconducts alleged against the respondent - HELD THAT:- It is crystallised that when the right to conduct a de-novo enquiry is reserved in the written statement, and the Labour Court or Tribunal has framed the two issues referred above, in relation to the enquiry, the said issues are to be decided as preliminary issues, before taking up other issues. It is an anathema to decide the first two issues together with the other issues. Whenever, in proceedings under the MRTU & PULP Act, 1971 or the IDA, 1947, a domestic/departmental enquiry is under challenge with pleadings and substantive prayers seeking the quashing of the domestic enquiry on the ground of either non-observance of the principles of natural justice or findings being perverse, the Court or Tribunal has to frame a preliminary issue and try the same peremptorily. In the instant case, the respondent-workman had challenged the findings of the EO and an issue to that extent was cast by the Industrial Court. Eventually, the Industrial Court relying upon evidence adduced before it as well as the evidence recorded in the enquiry, came to a conclusion that the findings of the EO are perverse - In fact, the Industrial Court concluded that the charges levelled upon the respondent are fictitious and they are not proved in the enquiry. By doing so, the Industrial Court has ventured into the realm of questioning the quality of evidence recorded in the domestic enquiry and the conclusions drawn by the EO. By doing so, it has branded the findings to be perverse and thus, the enquiry stood watered down. When the Industrial Court was called upon to brand the findings as perverse, the procedure that is required to be followed by the Labour Court/Tribunal in dealing with the cases of dismissal post domestic enquiry, applies mutatis mutandis to the Industrial Court/Tribunal as well. By setting aside the finding of the EO by the Industrial Court, in effect has resulted in the quashing and setting aside of the domestic enquiry. Procedure as laid down in the Judgment of the Hon'ble Apex Court referred here in above, was equally applicable to the Industrial Court in the present case, since its conclusion on the findings of the EO has resulted in the setting aside of the enquiry - the Industrial Court could not have set aside the enquiry by branding the findings as being perverse without trying the said issue as a preliminary issue and by depriving the employer an opportunity to conduct a de-novo enquiry in the Court. The impugned judgment of the Industrial Court is quashed and set aside - the petitioner be granted the liberty to conduct a de-novo enquiry in which the evidence already recorded before the Industrial Court can be utilised, as well as the parties are at liberty to lead additional evidence - Petition allowed in part.
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