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Judgment
Agrawal, J.—Rule. By consent rule is made returnable forthwith. Heard parties.
Petitioners, in its written statement have averred as under :
"If this Honourable Court comes to the conclusion that the enquiry held and the findings given are fair and proper, then the matter will proceed on the remaining issues. If, however, this Honourable Court is pleased to hold otherwise, the respondents (Petitioners herein) crave leave to lead evidence before this Honourable Court to prove the charges of misconduct alleged against the complainant (first respondent herein) by leading evidence on merits and to justify the order of dismissal."
In the instant case the Labour Court as also the industrial Court has found that the enquiry conducted by the petitioners against first respondent was not fair and proper and the same was concluded in haste. In our Judgment, the finding that the enquiry has been concluded in haste and that the same has not been a fair and proper, is a concurrent finding arrived at both by the Labour Court as also by the Industrial Court and the said finding does not call for any interference and the same is affirmed. We, however, find that after giving the aforesaid findings, no opportunity is given to the petitioners to lead evidence to prove the misconduct alleged against first respondent as prayed in the written statement. A finding in respect of unfair labour practice has been given without affording the said opportunity. In our view, it would be in the interest of justice that an opportunity be given to the petitioners to lead evidence before the Labour Court in order to prove misconduct alleged against respondent No. 1. This, however, will be on terms. Pending the enquiry before the Labour Court the petitioners will continue to pay to the respondent No. 1 his salary as per the last pay drawn on the date of the impugned order of dismissal.
The petition is partly allowed. The matter is remitted back to the Labour Court for permitting the petitioner to lead evidence to prove the misconduct alleged against respondent No. 1. Parties agree that they will appear before the Labour Court on 9th October, 1995 at 11.00 O''clock on which date the Labour Court will give its findings on the issue whether the petitioner proves that the first respondent is guilty of misconduct or otherwise and dispose of the same expeditiously .Rule is partly made absolute in the aforesaid terms with no order as to costs.