GENERAL MANAGER THE KUMBAKONAM MUTUAL BENEFIT FUND LTD Vs. PRESIDING OFFICER PRINCIPAL LABOUR COURT CHENNAI

JUDGEMENT

(1.) CHALLENGING the order dated 18.2.2003 passed by the first respondent-Labour Court in I.D. No.94/97, the petitioner-Management have brought forth this writ petition, whereby a writ of certiorari is asked for.

(2.) THE Court heard the learned counsel appearing on either side and looked into the affidavit filed in support of the writ petition along with grounds and also order under challenge.

(3.) LEARNED counsel added further that even if the order of termination was passed without domestic enquiry or some defects are noticed in the enquiry, once the party was given an opportunity to lead the evidence before the Labour Court, there is no question of setting aside the order of termination and remitting the matter back for conducting domestic enquiry does not arise. Duty is cast upon the Labour Court to consider the evidence adduced before it and pass suitable orders as one required in law. In the instant case, the Labour Court has not considered any part of evidence and set aside the order of termination on the short ground that there was no domestic enquiry before the order of termination. Hence, the order of the Labour Court has got to be set aside.