BHARAT FORGE COMPANY LIMITED Vs. A B ZODGE

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties. The short question which arises for consideration of this Court is whether the Industrial Tribunal was justified in refusing the prayer of the appellant company the employer to lead evidence in support of the order of dismissal passed against the respondent-employee. By the impugned judgment , the Bombay High Court has upheld the decision of the Tribunal in refusing to give permission to the employer to lead evidence before the Tribunal in justification of the order of dismissal.

(3.) Mr. Pai, the learned senior counsel appearing for the appellant has submitted before us that such permission has been refused by the Tribunal by indicating that although the enquiry was properly held, the finding in such enquiry was perverse and in such circumstances, no opportunity to lead evidence should be given. Such view according to Mr. Pai is not justified inasmuch as it has been held in Management of Ritz Theater (p) Ltd. v. Its Workmen (1963) 3 SCR 461 that even when finding is perverse (see page 468) the whole issue is at large before the Tribunal and it would be entitled to deal with the merits of the dispute itself, when it would be open to the employer to adduce additional evidence. Mr. Phadnis, learned senior counsel appearing for the respondents, contends that that was the position in law before insertion of S. 11-A in the Industrial Disputes Act, but this section has altered the position.