THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WA No.1560 of 2003 between THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WA No.1560 of 2003 Oral Judgment : ( Per Sri GM, J ) This Writ Appeal is directed against the judgment rendered by the learned single Judge allowing the Writ Petition instituted by the 2nd respondent workman. The Workman ﬁled MP No.24 of 1985 in I.D.No.11 of 1985 in terms of Section 33-A of the Industrial Disputes Act, 1947 seeking reinstatement with full backwages and other attendant beneﬁts. It is his case that he was appointed on 7.10.197 as a Coal Filler with the appellant and he has been charged for instigating his fellow workers to go on illegal strike. Though he denied the allegation, an Enquiry Oﬃcer was appointed to conduct a detailed enquiry into the charge, who improperly held the charge as proved. Based upon the ﬁnding recorded by the Enquiry Oﬃcer, the workman was dismissed from service on 29-1-1994. At that time an industrial disputeI.D.No.11/1981 was pending before the Industrial Tribunal and hence the writ petitioner has called the order of the dismissal from service question in I.D.No.11 of 1981. He has raised dispute speciﬁcally with regard to the validity of the enquiry proceedings alleging that the enquiry oﬃcer has conducted the proceedings not in accordance with law. However, the Industrial Tribunal by its order dated 8-11-1993 held that the domestic enquiry conducted by the Enquiry Oﬃcer appointed by the appellant herein is held in fair and proper manner, therefore, the 2nd respondent has instituted the writ petition before this Court challenging the correctness of the order passed on 8.11.1993 by the Industrial Tribunal in MP NO.24 of 1985. The learned Single Judge on coming to the conclusion that the enquiry proceedings are vitiated on the ground that the as workman has not been clearly informed of the rights available to him, held that the order of the Industrial Tribunal as erroneous. That far there is no diﬃculty. When once the learned single Judge comes to the conclusion that the domestic enquiry conducted was vitiated, an opportunity has got to be provided to both the sides to lead evidence before the Industrial Tribunal. Instead of ordering for the enquiry to be conducted by the Industrial Tribunal into the matter afresh by providing opportunity to both the sides to lead evidence the learned single Judge proceeded further and held that the order of dismissal which is based upon enquiry officer’s ﬁnding is not sustainable. To this extent the order passed by the learned single Judge is not sustainable. The learned single Judge ought to have remanded the matter to the Industrial Tribunal so that a detailed enquiry in the matter can be conducted by providing opportunity to both the sides. Therefore, we allow this appeal and set aside that portion of the order of the learned single Judge whereby the learned single Judge set aside the order of termination of the employment of the 2nd respondent. Instead we direct the Industrial Tribunal to proceed further in the matter by conducting an enquiry by itself, by providing opportunity to the workman as well as the management to lead evidence in support and against the charge memo, based upon the said enquiry appropriate conclusions can be drawn as to whether the employee is guilty of the charge or not and in case any punishment is also deserved to be imposed as to the nature and quantum of punishment. Therefore, the Writ Appeal is allowed, I.A is restored to ﬁle of the Industrial Tribunal to conduct enquiry into the charge laid against the workman by itself duly providing opportunity to both the sides by leading evidence and on that basis to conclude the exercise. Since this I.A. is an old matter we expect the Tribunal to complete the matter within six months from the date of receipt of a copy of this order. The Writ Appeal stands allowed to the extent indicated above. No costs. GM, J NRR, J Dt 28-11-2011/kk THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WA No.1560 of 2003 28-11-2011