Supreme Court of India
Neeta Kaplish v. Presiding Officer Labour Court and Anr.
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What the Court ordered
In view of the above, the legal position as emerges out is that in all cases where enquiry has not been held or the enquiry has been found to be defective, the Tribunal can call upon the Management or the employer to G justify the action taken against the workman and to show by fresh evidence, that the termination or dismissal order was proper.
Judgment, page 13
From the headnote
Labour Law: Industrial Disputes Act, 1947-Sec. I I- -Dismissal-Domestic enquiry-Labour Court holding the enquiry not fair and proper-Direction to management to lead fresh evidence-Management without leading fresh evidence, relying on "evidence on record"-Emp/oyee also not leading any evidence-Labour Court dismissing employee's claim-Validity of-Held, domestic enquiry declared by Labour Court to be defective would neither constitute "fresh evidence" nor "material on record"-Labour Court justified in calling upon the management to lead fresh evidence-Since management did not lead any evidence,
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