Ajay Rastogi, J. - (1.) Instant petition has been filed by the petitioner-Corporation assailing the order dt.12.02.2008 passed by Industrial Tribunal disposing of the application filed by the petitioner-Corporation u/S.33(2)(b) of the Industrial Disputes Act,1947.
(2.) From the material which has come on record it appears that respondent Zalam Singh (deceased) who was working as Driver, disciplinary enquiry was initiated against him and charge-sheet was served on 22.06.1996 in which he was held guilty and punished vide order dt.05.12.1996 (Annx.1) but because of pending industrial dispute application was filed by the Corporation seeking approval of punishment inflicted upon workman of removal from service before the Industrial Tribunal u/S.33(2)(b) of the Act,1947. The learned Tribunal after hearing the parties on the fairness of the domestic enquiry arrived at the conclusion that the domestic enquiry was not fair but at the same time it was further observed that in the ordinary course permission should have been granted to lead evidence but since workman died during pendency of proceedings permission prayed for to lead evidence could not now be granted to the parties, taking note thereof, the application filed by the Corporation seeking permission was rejected vide order impugned dt.12.02.2008.
(3.) Counsel for petitioner submits that domestic enquiry was not found to be fair but their right to lead evidence before the Industrial Tribunal has been defeated only on the premise that workman died during pendency of proceedings and in such circumstances the order impugned dt.12.02.2008 cannot be held to be justified.;