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Industrial Dispute-Domestic enquiry-Violative of
principles of natural justice-If labour court should give
opportunity to adduce evidence afresh ... should first decide as a preliminary issue whether the
domestic enquiry has violated the principles of natural
justice. When there
Supreme Court of India
SC1221 (4)
ACT:
Departmental Proceedings-Domestic enquiry-Management
appointed Iegally trained officers as prosecuting officers-
Employee s request ... Natural justice-Employee denied assistance of Iegal
practitioner before domestic enquiry while management
engaged legally trained men as prosecuting officers
Supreme Court of India
matter to the Tribunal. The
Tribunal held that the domestic enquiry was vitiated and not
in accordance with the principles ... imposing punishment pursuant to any finding recorded in the
domestic enquiry conducted by him should be presented before
the Chief
Supreme Court of India
opportunity after decision on the
preliminary issue whether the domestic enquiry was all held,
or if held, was defective ... complaining about the punitive termination of service
following a domestic enquiry that the Court or Tribunal as a
matter
Supreme Court of India
Disputes Act (14 of 1947), ss. 10 and 33-Domestic
enquiry by management-Jurisdiction of Tribunal to
interfere with findings ... adduce evidence before the Tribunal, in case the
domestic enquiry was held to be defective, the Tribunal in
its order
Supreme Court of India
charged.
This is, however, the position only when the domestic
enquiry preceding the order of dismissal is free from ... such an, event, the employer's findings in
the domestic enquiry will lapse and these will be
substituted
Supreme Court of India
following line of reasoning:
...for the purpose of the domestic enquiry to be fair and impartial
it is very much ... charge-sheeted on November 29,
1980 for misconduct. A domestic enquiry was ordered and an enquiry
officer was appointed
Supreme Court of India
slow" by workmen-Application for
permission to dismiss-Domestic enquiry not Proper-If
Tribunal can take independent evidence for finding ... appellant resorted to "go slow". The
appellant held, a domestic enquiry and as a result thereof
decided to dismiss
Supreme Court of India
employee to
officer of alteration and withdrawal-Holding of domestic
enquiry-Non examination of depositor-Charge of fraud and
misappropriation ... Award whether vitiated by
misconception of law.
Labour Law-Domestic enquiry-Guilt whether to be
established beyond reasonable doubt-Proof
Supreme Court of India
decision taken on the basis of a domestic enquiry.
In Rajendra Jha vs. Presiding Officer, Labour Court,
Bokaro Steel City ... entitle the employer to claim the
benefit of the domestic enquiry given. On the other hand,
if in such cases
Supreme Court of India
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