ZANDU PHARMACEUTICAL WORKS LTD Vs. DAYANAND SITALDIN MISHRA

JUDGEMENT

(1.) THE petitioner seeks to set aside the judgment and award, part II, given by the second respondent, the Labour Court. In the part I award the Labour Court held the inquiry to be fair and proper. For the purposes of the part II award it considered the findings of the inquiry officer and held that while they were not perverse, they were not substantiated by the evidence on record. Accordingly the part II award reinstated the first respondent in the petitioner's service with full back-wages.

(2.) THE Labour Court in the part II award rejected the plea of the petitioner to lead evidence before it to prove the first respondent's guilt. It considered the judgment of a Division Bench of this Court in Fida films and Hotel Company (Private), Ltd. v. Theatre Employees Union [writ Petition no. 746 of 1985], and found the findings to be perverse.

(3.) SRI Damania. learned counsel for the petitioner, laid great stress upon the judgment in Fida Film case (vide supra), and submitted that the Labour Court had been in error in refusing to the petitioner the opportunity of leading evidence to prove first respondent's guilt before it. The Fida Film case (vide supra), judgment considered the pronouncements of the Supreme Court in the case of workmen of Firestone Tyre and Rubber company of India (Private), Ltd. v. Firestone tyre and Rubber Company of India (Private), ltd. , and others [1973i L. L. N 278], ritz Theatre {private), Ltd. , Delhi v. Its workmen [a. I. R. 1963 S. C. 295]. It found that in the case before it the Labour Court had held that the findings in the inquiry "rested upon no evidence," and held that, therefore, the labour Court was bound to call upon the employer to exercise its option to lead evidence before it.