VIJAY SHANKAR Vs. P O , INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) I have heard the learned counsel for the parties at length.

(2.) AFTER going through the entire record and after examination of the submissions, I am of the considered opinion that the matter is squarely covered by a Division Bench Judgment of this Court in the case of Mangat Rai v. Punjab Road Transport Corporation and another, 1998(1) SCT 771 (P&H) : 1998(1) AIJ 405. In the aforesaid judgment, it is categorically held that the Labour Court was duty bound to examine on merits the evidence recorded by the Enquiry Officer and record its own findings on the charges levelled against the petitioner and also to consider whether the punishment awarded by the employer was just or not. A perusal of the award shows that the Labour Court, after holding that the enquiry is fair and proper, had not independently applied his mind to the evidence which had been led by the parties in support of their cases.

(3.) IN view of the above, without making any comment on the merits of the respective cases put forward by the parties, I am of the considered opinion that the ends of justice will be met if the matter is remanded back to the Labour Court to re -decide the issues by looking into the entire record and record its findings on the charges levelled against the petitioner and also to consider whether the punishment awarded by the employer was just or not.