Bharati Sapru, J. - (1.) HEARD Sri Vivek Ratan Agrawal, learned Counsel for the petitioner and Sri P.K. Yadav, learned Counsel for the respondent -workman. The issue involved in this matter is purely legal and, therefore, is being decided without calling for any counter -affidavit with the consent of both parties.
(2.) AN order has been passed by the Labour Court on 30.5.2014 by which it has passed an order saying that the question whether the domestic inquiry was fair and proper or not should be tried as a preliminary issue. The Labour Court has come to the conclusion that 'Yes' this issue must be decided as a preliminary issue but while proceeding to do so has given a direction that the employer should lead evidence first. Learned Counsel for the petitioner -employer states that it is the case of the employer that the domestic inquiry held by the employer was fair and proper and on the other hand it is the workman, who contests the position and states that the domestic inquiry was not fair and proper.
(3.) THEREFORE , Counsel argues that since the workman challenges this issue it is his burden to establish this and lead evidence. The petitioner -employer cannot be forced to lead negative evidence in the first instance.;