SANJEEV PRAKASH SHARMA, J. - (1.) The applicant-petitioner in this writ petition challenges the order passed by the learned Labour Court rejecting the application moved by the petitioner under Section 33(2)(b) of the Industrial Disputes Act vide judgment dated 27.08.2015 and also challenges the order dated 1.12.2014 whereby the learned Labour Court declared the inquiry conducted by the petitioner as unfair.
(2.) Learned counsel for the petitioner submits that the Court ought not to have declared the inquiry to be unfair as the petitioner was satisfied with the inquiry conducted.
(3.) I have considered the submissions and the perused the order of the learned Labour Court declaring the inquiry to be unfair and find that the Court has examined the inquiry proceedings and has given a finding that the Inquiry Officer himself conducted cross- examination and even the departmental representative was not present in the inquiry. One witness Mr. Dhanraj was actually not even cross-examined by the Inquiry Officer, virtually the Inquiry Officer became the prosecuting authority.;