(1.) RULE, Respondents waive service. By consent heard forthwith. The Labour Court by the impugned Award dated February 26, 1998 set aside the domestic enquiry conducted by the employer on the sole ground that in the charge sheet wrong Standing Order number was referred to.
(2.) A perusal of the charge sheet shows that the charge in respect of which the enquiry was conducted was mentioned in the charge sheet. It is also not the case that apart from the certified Standing Orders there are any other Standing Orders subsequently certified in respect of the Company. In these circumstances the reason given by the Labour Court in setting aside the domestic enquiry cannot be sustained. It is contended on behalf of the workmen that there are other points which he has pressed in respect of the enquiry being vitiated and the same had not been dealt with and if those issues are considered then the enquiry will have to be set aside.
(3.) AS already pointed out the Award as passed cannot be sustained and the order dated February 26, 1998 has to be quashed and set aside. Considering that it is the contention of the respondents that there are other grounds on which he assailed the fairness of the enquiry the matter is remanded to the Labour Court to hear the parties afresh on the other points in respect of the domestic enquiry and dispose of the same accordingly.