Brihanmumbai Municipal … vs Mr. Suryakant Sabaji Chaturvedi on 22 September, 2003

Bombay High Court
Brihanmumbai Municipal … vs Mr. Suryakant Sabaji Chaturvedi on 22 September, 2003
Equivalent citations: 2004 (2) BomCR 95
Author: R Khandeparkar
Bench: R Khandeparkar


JUDGMENT

R.M.S. Khandeparkar, J.

1. Heard the learned Advocates for the parties. Rule. By consent, the rule is made returnable forthwith.

2. Only point on which the impugned orders are sought to be challenged is that once the Labour Court has arrived at the finding that the domestic inquiry was not fair and proper, it was necessary for the Labour Court to afford opportunity to the petitioner to lead further evidence in relation to the charges against the employee along with the evidence on other issues and that the Courts below erred in denying such right by permitting the petitioner to lead evidence only on the remaining issues.

3. The learned Advocate for the respondent has fairly submitted that the respondent does not object to the petitioner leading evidence in support of the charges against the employee in view of the fact that the Labour Court had arrived at the finding that the inquiry was not fair and proper as the law in that regard is well-settled.

4. As the impugned orders are not challenged on any other grounds and the challenge is restricted to the above point, the impugned orders to the extent they restrict the right of the petitioner to lead evidence on the remaining issues i.e., excepting the issue pertaining to the charges against the employee, the same are set aside and the matter is remanded to the Labour Court to give opportunity to the petitioner to lead evidence on all the issues including the issues pertaining to the charges against the respondent and the punishment imposed upon the respondent. The rule is made absolute accordingly with no order as costs.

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