Summarize the following court judgment. Civil Appeal No. 705 of 1962. Appeal by special leave from the Award dated September 19	 1961 of the Fourth Industrial Tribunal	 West Bengal in Case No. VIII 42 of 1961. H. N. Sanyal	 Solicitor General of India and P. E. Chatterjee	 for the appellant. D.L. Sen and Janardhan Sharma	 for the respondents. May 2. The judgment of the Court was delivered by GAJENDRAGADKAR J. This appeal arises out of an industrial dispute between the appellant	 Khardah Co. Ltd.	 and the respondents	 its workmen. The dispute was in regard to the	 dismissal of the appellant 's employee	 Samiran jadav. The respondents alleged that the said dismissal was unjustified	 whereas	 according to the appellant	 the said employee had been properly and validly dismissed. The dispute which was referred to the 4th Industrial Tribunal	 West Bengal	 for its adjudication was whether the said dismissal was justified	 and to what relief	 if any	 was the workman entitled? The Tribunal has held that the dismissal was unjustified and so	 it has directed the appellant to reinstate the said employee to his old post within a month from the date of the publication of the award. It has also ordered that the period starting from the date of the dismissal till the date of reinstatement should be treated as leave without pay and as such	 should be counted towards the length of service. It is against this award that the appellant has come to this Court by special leave. 509 The respondent 's case was that jadav had been dismissed by the appellant mala fide with the motive of victimising him for his trade union activities. jadav was the Organising Secretary of the Union and since he supported the Union 's demands very strongly	 the appellant wanted to get rid of him. It appears that jadav had been working as a weaver for some years past. He was confirmed in service with effect from April 12	 1954. On September 19	 1960	 he went on a week 's leave. When he returned on September 26	 1960	 he was asked to work on machine producing twill	 though	 normally	 he was assigned work on a plain machine. jadav was not accustomed to work on the complicated machine which produces twill and so	 he requested the management that he should be asked to do his usual work on a plain machine. This request was	 however	 turned down Being unaccustomed to work on the machine producing twill	 jadav met with an accident on September 27	 1960	 and was grantedmedical leave for a week ending on Saturday	 October 1	 1960. On October	 3 1960	 when he resumed duty	 he again requested the management that he should be permitted to work on the plain machine	 but when his request was turned down	 he told the management that he would work on the twill machine in the second shift which starts from I P.M. On that day	 another employee Mahboob who was ailing and had been on leave	 asked for further leave which was refused and he fell unconscious while he was going to operate his machine. As a result	 700 weavers of the appellant stopped work and the weaving section could not resume work at 1 P. M. The management then declared a lock out on October 5	 1960 which continued until October 29	 1960. On October 3	 1960	 the management served a charge sheet on jadav in which it was alleged that jadav had wilfully disobeyed the lawful 510 and reasonable order of his superior and had acted in a manner subversive of discipline. The case against him was that he had moved from one place to another in the weaving Department and incited workers of the said department to go on strike. The management alleged that by his conduct	 jadav had committed misconduct under Rule 14(c) (i) and (viii) of the Standing Orders. jadav was called upon to offer his explanation within 24 hours after receipt of the charge sheet. After jadav gave his explanation	 an enquiry was held. At the initial stages of the enquiry	 jadav appeared	 but	 later	 he did not take part in the proceedings. The appellant contends that jadav deliberately refrained from taking part in the proceedings	 whereas according. to the respondents	 the enquiry was conducted unfairly	 and so	 it became impossible for jadav to participate in it. This enquiry was conducted by the Manager himself After the enquiry was over	 the Manager decided that jadav was guilty of the charge	 and so	 dismissed him on November 21	 1960. The respondents ' case was that the dismissal was purely vindictive and was not justified at all. On the other hand	 the appellant 's case was that jadav had been working in the weaving department both on plain looms and on looms that produce twill. When he returned to duty on October 3	 1960	 the departmental Overseer	 Mr. jha asked Jadav to go to his loom; but he refused to obey his orders. The appellant further alleged that jadav moved inside the weaving department and incited the workers to stop work. The appellant also pleaded that a proper enquiry had been held against jadav and it was as a result of the said enquiry that he was dismissed for misconduct under Rule 14 (c)(i) & (viii) of the Company 's Standing Orders. Regarding the incident of Mahboob	 the appellant alleged that 511 Mahboob was absent on October 3	 1960 and	 therefore	 no question of his working on any machine arose on that day. In other words	 the appellant 's contention was that the Union 's version that the strike was spontaneous because Mahboob fainted	 was untrue and the strike was in substance	 the result of the instigation of jadav. Before the Tribunal	 some oral evidence was led by the parties and reliance was placed by the appellant on the proceedings of the enquiry itself. The Tribunal held that the management had deliberately suppressed the fact that Mahboob had gone to the mill on October 3	 and prayed for extension of leave which was refused	 and so	 the Tribunal came to the conclusion that the strike could not have been instigated by jadav. The Tribunal further commented on the fact that after the enquiry was held	 no finding was recorded by the Manager who held the enquiry	 and it appeared to the Tribunal that the conclusions on which the management presumably acted in dismissing jadav were of such a character that "no person acting fairly and honestly could have reached them". The Tribunal also held that jadav was not used to work on a twill loom	 and so	 his request that he should be allowed to work on a plain loom was not unjustified. Its conclusion	 therefore	 was that a grave charge had been unjustly framed against jadav and that showed want of good faith and Vindictiveness. On these findings	 the Tribunal answered the question in favour of the respondents and directed reinstatement of jadav. On behalf of the appellant	 the learned Solicitor General has strenuously urged before us that the appellant has held a proper domestic enquiry and has dismissed jadav because the management thought that the enquiry disclosed the fact that the charges framed against jadav had been established. He contends that it is firmly established by decisions of this Court 512 that an Industrial Tribunal will not interfere with the action of the management in dismissing its employee after holding an enquiry into his alleged misconduct unless it is shown that the management has not acted in good faith; or that the dismissal amounts to victimisation or unfair labour practice	 or where the management has been guilty of a basic error	 or violation of a principle of natural justice	 or when on the materials	 the finding is completely baseless or perverse	 vide Indian Iron & Steel Company Ltd. vs Their Workmen. There is no doubt that this Court has consistently refrained from interfering with the conclusions reached. by the enquiry officer who Conducts domestic enquiries against industrial employees unless one of the four tests laid down in the case of the Indian Iron & Steel Co. Ltd. (1) is satisfied	 because we have generally accepted the view that if the enquiry is fairly held and leads to the conclusion that the charge framed against the employee is proved	 the Industrial 'Tribunal should not sit in appeal over the finding recorded at the said enquiry and should not interfere with the management 's right to dismiss a workman who is found guilty of misconduct. It would be noticed that the essential basis on which this view is founded is that the enquiry conducted by the management before a domestic tribunal must be a fair and just enquiry and in bringing home to the workman the charge framed against him	 principles of natural justice must be observed. Normally	 evidence on which the charges are sought to be proved must be led at such an enquiry in the presence of the workman himself. It is true that in the case of departmental enquires held against public servants	 this Court has observed in the State of Mysore vs section section Makapur (2) that if the deposition of a witness has been recorded by the enquiry officer in the absence of the public servant and a copy thereof is given to him	 and an opportunity is given to him (1) (1958) 1 I L. J. 260. (2) ; 513 to cross examine the witness after he affirms in a general way the truth of his statement already recorded	 that would conform to the requirements of natural justice; but as has been emphasised by this Court in M/s Kesoram Cotton Mills Ltd. vs Gangadhar (1)	 these observations must be applied with caution to enquiries held by domestic Tribunals against the industrial employees. In such enquiries	 it is desirable that all witnesses on whose testimony the management relies in support of its charge against the workman should be examined in his presence. Recording evidence in the presence of the workman concerned serves a very important purpose. The witness knows that he is giving evidence against a particular individual who is present before him	 and therefore	 he is cautious in making his statement. Besides	 when evidence is recorded in the presence of the accused person	 there is no room for persuading the witness to make convenient statements	 and it is always easier for an accused person to cross examine the witness if his evidence is recorded in his presence. Therefore	 we would discourage the idea of recording statements of witnesses exparte and then producing the witnesses before the employee concerned for cross examination after serving him with such previously recorded statements even though the witnesses concerned make a general statement on the latter occasion that their statements already recorded correctly represent what they stated. In our opinion	 unless there are compelling reasons to do so	 the normal procedure should be followed and all evidence should be recorded in the presence of the workman who stands charged with the commission of acts constituting misconduct. In this connection	 it is necessary to point out that unlike domestic enquiries against public servants to which article 311 of the Constitution applies	 in industrial enquiries	 the question of the bona fldes or mala fides off the employer is often at issue. 'If it (1) [1964] Vol. 2 section C. R. 809. 514 is shown that the employer was actuated by a desire to victimise a workman for his trade union activities	 that itself may	 in some cases	 introduce an infirmity in the order ' of dismissal passed against such a workman. The question of motive is hardly relevant inenquiries held against public servants	 vide UnionTerritory of Tripura vs Gopal Chandra Dutta Choudhuri (1). That is another reason why domestic enquiries in industrial matters should be held with scrupulous regard for the requirements of natural justice. Care must always be taken to see that these enquiries are not reduced to an empty formality. Take the present case where	 after the enquiry was held	 the Manager who held the enquiry has not recorded any findings	 and so	 we do not know what reasons weighed in his mind and how he appreciated the evidence led before him. The learned Solicitor General contends that there was hardly any need to record any findings or to make a formal report in the present case	 because the Manager who held the enquiry was himself competent to dismiss the employee. We are not impressed by this argument. The whole object of holding an enquiry is to. enable the enquiry officer to decide upon the merits of the dispute before him	 and so	 it would be idle to contend that once evidence is recorded	 all that the employer is expected to do is to pass an order of dismissal which impliedly indicates that the employer accepted the view that the charges framed against the employee had been proved. One of the tests which the Industrial Tribunal is entitled to apply in dealing with industrial disputes of this character is whether the conclusion of the enquiry officer was perverse or whether there was any basic error in the approach adopted by him. Now	 such an enquiry would be impossible in the present case because we do not know how the enquiry officer approached the question and what conclusions he C. R. 266. 515 reached before he decided to dismiss jadav. In our opinion	 therefore	 the failure of the Manager to record any findings after holding the enquiry constitutes a serious infirmity in the enquiry itself. The learned Solicitor General suggested that we might consider the evidence ourselves and decide whether the dismissal of jadav is justified or not. We are not prepared to adopt such a course. If industrial adjudication attaches importance to domestic enquiries and the conclusions reached at the end of such enquiries	 that necessarily postulates that the enquiry would be followed by a statement containing the conclusions of the enquiry officer. It may be that the enquiry officer need not write a very long or elaborate report ; but since his findings are likely to lead to the dismissal of the employee	 it is his duty to record clearly and precisely his conclusions and to indicate briefly his reasons for reaching the said conclusions. Unless such a course is adopted	 it would be difficult for the Industrial Tribunal to decide whether the approach adopted by the enquiry officer was basically erroneous or whether his conclusions were perverse. Indeed	 if the argument urged before us by the learned Solicitor General is accepted	 it is likely to impair substantially the value of such domestic enquiries. As we have already observed	 we must insist on a proper enquiry being held	 and that means that nothing should happen in the enquiry either when it is held or after it is concluded and before the order of dismissal is passed	 which would expose the enquiry to the criticism that it was undertaken as an empty for mality. Therefore	 we are satisfied that the Industrial Tribunal was right in not attaching any importance to the enquiry held by the Manager in dealing with the merits of the dispute itself on the evidence adduced before it. It is well settled that if the enquiry is held to be unfair	 the employer can lead evidence before the Tribunal and justify his action	 but in such a case) the question as to whether the dismissal of The employee is justified or not would be open before the Tribunal and the Tribunal will consider the merits 	if the dispute and come to its own conclusion without having any regard for the view taken by the management in dismissing the employee. If the enquiry is good and the conduct of the management is not mala fide or vindictive	 then	 of course	 the Tribunal would not try to examine the merits of the findings as though it was sitting in appeal over the conclusions of the enquiry officer. In the present case	 the Tribunal has come to the conclusion that the dismissal of jadav was not effected in good faith and has been actuated by a desire to victimise him for his trade union activities. That is a conclusion of fact which cannot be said to be perverse	 and so	 it is not open to the	appellant to challenge its correctness of the merits before us. There is one point to which we ought to refer before we part with this appeal. It appears that the main dispute between the parties was whether the strike on October 3	 1960	 was spontaneous	 or had been instigated by jadav. The respondents contended that the treatment given by the management to Mahboob caused this strike and 700 weavers struck work spontaneously	 whereas the appellant urged that Mahboob was not present on the said date	 and so	 the story that his request for leave was not acceded to and he had to work is altogether false and the strike had really been instigated by jadav. On this point	 the Tribunal has made a categorical finding against the appellant and in doing so	 it has relied upon the minutes of the Emergency Works Committee meeting held on October 3	 1960	 at 3 P.M. with the Manager himself in the chair. These minutes show that when an enquiry was made as to why the strike had commenced	 it was definitely reported to the Committee that Mahboob who had 517 gone on leave	 had extended his leave and after the expiry of the extended leave	 he reported or October 3	 and pleaded that he was still unwell and should be given still further leave	 but "nobody paid any heed to his prayer"	 and so	 presumably he had to resume duty. The minutes further show that the Labour Officer informed the members of the Com mittee that Mahboob had produced a certificate of fitness on September	 22	 1960 and after discussion	 it was unanimously decided to refer his case to the Mill 's Medical Officer on whose recommendation the leave should be considered. These minutes	 therefore	 clearly prove that Mahboob had gone to the Mill on October 3	 had asked for further leave	 and his request for further leave was not granted. We ought to add that these minutes have been signed by the joint Secretary on the employer 's side and the joint Secretary on the employees ' side	 and their correctness cannot be impeached. It is in the light of these statements that the plea made by the appellant before the Tribunal had to be considered by it. The plea specifically made was that Mabboob was absent on October 3	 and	 therefore	 there was no question of his working on any machine. This plea would seem to suggest that Mahboob was absent from the Mill and that undoubtedly is not true. The learned Solicitor General invited us to consider this plea in the light of the statement made by one of the witnesses in the domestic enquiry. This statement was that Mahboob and the witness had gone to the Labour Officer for extension of leave to Mahboob and the Labour Officer had granted leave. This statement would show that leave had been granted to Mahboob in the morning of October 3	 but as 'we have already seen	 the Labour Officer himself told the members of the Works Committee at 3 P.M. on the same day that leave had not been granted to Mahboob because he had produced 518 a certificate of fitness dated September 22	 and the Works Committee had resolved that Mahboob 's case should be referred to the Mill 's Medical Officer on whose recommendation action should be taken. Thus	 there can be not doubt that even if the plea made by the appellant is liberally construed and is read in the light of the statement made by one of the witnesses at the domestic enquiry	 the Industrial Tribunal was right in holding that the stand taken by the appellant was wholly untrue and that Mahboob had not been given leave on October 3. That being so	 if the Industrial Tribunal took the view that the refusal of the management to give leave to Mahboob exasperated the workmen	 we cannot hold that its conclusion is erroneous or that its propriety can be successfully challenged before us. The incident in regard to Mahboob forms the main background of the strike and the anxiety of the appellant was to show that Mahboob was not present on that date. Therefore	 once the Industrial Tribunal came to the conclusion that the version given by the appellant was untrue	 it naturally changed the complexion of the whole of the charge sheet framed by the appellant against jadav. That is why the Industrial Tribunal came to the conclusion that the conduct of the appellant in dismissing jadav showed lack of good faith and appeared to have been in spired by the desire to victimise jadav for his trade union activities. The learned Solicitor General commented on the fact that the Tribunal had allowed the respondents to call for the register of trade unions after the arguments had been heard before it. It appears that both the parties appeared before the Tribunal on January 19	 1961	 when arguments were heard and the award was reserved. The Union then filed an application praying that the trade union record may be called for	 and the Tribunal ordered that the record be called for. The grievance made by the 419 learned Solicitor General is that it is improper to have allowed additional evidence to be called for after the arguments had been heard. We do not think there is any force in this argument	 because the only purpose for which the record was called for by the Union was to show that jadav was the Organising Secretary of the Union. Since that fact was presumably disputed by the appellant in arguing the case before the Tribunal	 the Union urged that the record kept by the Registrar of Trade Unions would show that the appellant 's plea was not well founded. If	 in such circumstances	 the Tribunal sent for the record to satisfy itself 'that the record showed that jadav was the Organising Secretary of the Union	 we do not think any serious grievance can be made by the appellant about the conduct of the Tribunal. It is perfectly true that in dealing with industrial matters	 the Tribunal cannot allow evidence to be led by one party in the absence of the other	 and should not accept the request of either party to admit evidence after the case has been fully argued unless both the parties agree. In the present case	 however	 what the Tribunal has done	 is merely to send for authenticated record to see whether jadav was the Organising Secretary of the Union or not. The result is	 the appeal fails and is dismissed with costs. Appeal dismissed.

The appellant dismissed one of its workmen on a domestic enquiry held by its Manager who did not record any findings	 took some of the evidence in the absence of the workman and found him guilty of misconduct under Rule 14 (c) (i) and (viii) of the Standing Orders. The Industrial Tribunal held that the dismissal was unjustified and directed the appellant to reinstate the employee. The respondent Union 's case was that the dismissed workman	 who was the Organising Secretary of the union	 was dismissed by the appellant mala fide with the purpose of victimising him for his trade union activities. The dispute centered round the question whether the strike which the dismissed workman was charged as having instigated was really instigated by him or was the spontaneous result of the treatment meted out by the appellant to another workman who was sick and fainted on the day the strike started. The case of the appellant was that this latter workman was not present on that day at all. This was belied by the record and the Industrial Tribunal without attaching any importance to the domestic enquiry held by the Manager dealt with the merits of the dispute itself and found in favour of the respondent	 holding that the management was unjustified in dismissing the workman on the report of the Manager which was neither fair nor honest. On behalf of the appellant reliance was placed on the decision of this Court in Indian Iron & Steel Co. Ltd. vs Their Workmen and it was contended that the Industrial Tribunal was in error in interfering with the decision of the management. Held the Industrial Tribunal was right in discarding the domestic enquiry. Although this Court has consistently 507 refrained from interfering with the conclusions of domestic enquiries in industrial matters unless one of the four tests laid down in Indian Iron & Steel Co. Ltd. vs Their Workmen was satisfied	 the essential basis on which this view is founded is that the domestic enquiry must be conducted fairly and properly in conformity with the principles of natural justice. The evidence on which the charges are sought to be proved against the workman must normally be led in his presence. The procedure of recording statements of witnesses ex parte and thereafter producing the witnesses for cross examination	 unless there are compelling reasons to do so	 must be discouraged. Departmental enquiries under article 311 of the Consti tution where the question of motive is hardly relevant do not stand on the same footing as those in industrial enquiries where the question of bona fides or mala fides of the employee is often in issue. Indian Iron & Steel Co. vs Their Workmen	 	 explained. State of Mysore vs section section Makapur	 ; ; M/s. Ke.8oram Cotton Mills Ltd. vs Gangadhar	 [1961] Vol. 2 S.C.R. 809	 and Union Territory of Tripura vs Gopal Chander Dutta Choudhri	 [1963] Supp. I S.C.R. 266	 referred to. The failure of the Manager to record any findings after holding the enquiry was a serious infirmity in the enquiry and it is not for this Court to go into the evidence to decide whether the dismissal was justified. It is the duty of the enquiry officer in an industrial enquiry to record clearly and precisely his conclusions and to indicate briefly the reasons therefor so that the Industrial Tribunal can judge whether they arc basically erroneous or perverse. Although the Industrial Tribunal should not as a normal procedure allow evidence to be led by one party in absence of the other or admit evidence after the case has been fully argued unless both the parties agree	 the mere calling for the authenticated record to see whether the workman was the Organising Secretary could not amount to a breach of the rule.