The Peerless General Finance and Investment Co. Ltd. vs The Presiding Officer, Industrial Tribunal and Another

Alok Singh, J.—Present petition is filed challenging the order dated 05.08.2010 passed by learned Presiding Officer, Industrial Tribunal, Bathinda, whereby an application moved by the management - petitioner herein seeking permission to produce evidence to show that that enquiry was legal and bonafide, was dismissed.

Mr. Pawan Kumar Mutneja, learned Counsel, appearing on behalf of the petitioner, states that as per the dictum of the Apex Court in the matter of Shankar Chakravarti Vs. Britannia Biscuit Co. Ltd. and Another, if Tribunal comes to the conclusion that enquiry was not proper, then opportunity to lead evidence, in support of the enquiry, must be granted to the Management.

From the impugned order, I do not find any observations whereby learned Tribunal has opined that enquiry is not valid and is not in accordance with law.

Present petition is disposed of with the direction that if learned Tribunal finds that enquiry is not valid or legal, then opportunity should be given before the final decision as per the dictum of the Apex Court in the matter of Shankar Chakravarti (supra).