(1.) Rule. With the consent of the parties, the matter is taken up today for final hearing.
(2.) It is not in dispute that the petitioner management had taken a plea that in case the enquiry proceedings are found to suffer from infirmity, an opportunity be given to the petitioner management to produce the evidence to substantiate the charges levelled against the workman, respondent No.1 herein. The Tribunal in its impugned award dated 3rd December, 1999 has dealt with this aspect which reads as under:-
(3.) The learned counsel for the petitioner has relied upon a judgment of the Hon'ble Supreme Court in Lakmirattan Cotton Mills Co., Ltd. Vs Workmen AIR 1975 SC 1689 wherein it has been held as follows:-