Law:

Section:

(a) Industrial dispute- -- Domestic enquiry-Enquiry by person having personal knowledge of incident--Not independent hence not sustainable. One of the three persons included in the Enquiry Committee had witnessed the incident alleged as misconduct against the accused workman. Dismissal based upon findings of such Enquiry Committee was held not sustainable with the observations that: The law envisages that the employer must hold independent enquiries against the offending workman. Where the Enquiry Officer or a Member of the Enquiry Committee has personal knowledge of the incident, obviously any enquiries by such Officer or Committee cannot be deemed to be independent enquiries, as their views are bound to be colored by their personal knowledge of the incident. (b) Industrial dispute---- -- Dismissal based upon findings of enquiry into allegations subject-matter of enquiry and also on account of past bad conduct-­Such bad conduct not part of charge-sheet-No opportunity of defence or rebuttal of past conduct afforded-Dismissal order, in circumstances, held, not sustainable. (c) Industrial dispute- -- Re-instatement due to improper enquiry-Back benefits should be made dependent upon result of fresh enquiry. Dismissal order based upon findings of domestic enquiry held by an Enquiry Committee one of whose members had witnessed the alleged in­cident and was also biased against the accused was set aside by the Labour Court with full back benefits. The Labour Appellate Tribunal on appeal held: The Labour Court, however, was in error in awarding back benefits to the respondent and not giving an option to the appellant Establishment to hold a fresh enquiry against the respondent. It is now well-settled law that where the orders of termination are based on an invalid and improper enquiry, ordinarily the Management should be allowed to hold a fresh enquiry and the award of back benefits, if any, should be made dependent upon the result of such enquiry. Mehmood Shah v. Dawood Cotton Mills Ltd. Constitutional Petition No. D-804 of 1979 (unreported) ref. Masood Shaharyar for Appellant. M.L. Shahani for Respondent. Date of hearing ; 4th February, 1981. DECISION The respondent,…

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