SANTOSH KUMAR GARG Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The copy of newspaper in which the notice has been published, has been brought on record. Heard Sri Gopal Narain, learned Counsel for the petitioner who submits that the Labour Court has reversed the process of procedure by passing the impugned order in relation to the domestic inquiry where the contention raised is that the inquiry was not fair and proper. He further submits that it is the employer who had to lead evidence to establish as to whether the inquiry is proper or not. The Labour Court instead of that has called upon the petitioner, who is the workman to proceed to lead the evidence.

(2.) I have perused the impugned order whereby the Labour Court has drawn an inference that since the allegation has been made by the worker, therefore, it is his duty to prove his case first.

(3.) In the opinion of the Court, a dispute is raised by way of a reference under section 4-K and the questions of reference are framed by the Conciliation Officer whereafter the dispute is referred.