Susanta Chatterjee, J. - (1.) - The present writ application at the instance of Guest Keen Williams Ltd., (Sankey Pressing Division) is directed against the Order No. 13, dated 16.8.1986 passed by the 3rd Industrial Tribunal. By the impugned Order, the Tribunal has found that the enquiry held by the Management was neither fair nor proper and, called upon the management, to prove its case before the Tribunal by examining its witnesses.
(2.) It has been alleged that the Tribunal cannot disregard the pleadings of the parties and sit an appeal over the finding of the domestic enquiry. The Tribunal can interfere with the finding of domestic enquiry only if the enquiry is vitiated for non-compliance of the principles of natural justice or it is perverse and not on the basis of appreciation of evidences. The finding of the tribunal is that the enquiry was vitiated as the Company was represented by an officer who was a law graduate whereas no opportunity was given to the workmen to be represented by a person having legal qualification and that there were two charge-sheets and the first one was a mere show cause notice and the reply thereto not being satisfactory a charge sheet was issued and that the copies of the report of the security officer and the seizure list prepared by him were not made over to the delinquent workman in proper time. All these findings of the Tribunal have been challenged and according to the petitioner the said order dated 16. 6. 1986 is otherwise bad in law and the same is liable to be set.
(3.) Mr. Ghosh, the learned counsel, appearing the petitioner Company has urged that the finding of the Tribunal is prima facie bad and is an irregular exercise of jurisdiction such a question of jurisdiction goes to the root of the case and he findings are devoid of merit and the conclusion is perverse;