Employer's right to lead evidence before Industrial Tribunal survives a defective domestic enquiry when timely sought

An employer retains the right to adduce evidence before an Industrial Tribunal to justify a dismissal even where the domestic enquiry is absent, defective, perverse, or contrary to natural justice. Section 11A does not take away that right, and the proviso does not bar fresh evidence when a timely request is made before the proceedings close. The refusal to allow evidence was unjustified because the request was made in time, so the employer had to be permitted to lead evidence.

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Issues: Whether the employer was entitled to lead evidence before the Industrial Tribunal in support of the order of dismissal after the domestic enquiry was held to be vitiated or perverse.

Analysis: The right of an employer to adduce evidence before the Tribunal remains available even where no enquiry was held or the enquiry is found to be defective, perverse, or contrary to natural justice. Section 11A does not abrogate that right, and the proviso does not prevent reliance on fresh evidence where a timely request is made before the proceedings close. The earlier decisions recognizing this position were reaffirmed, and the refusal to permit evidence was found unjustified because the application was made before closure of the proceedings.

Conclusion: The employer was entitled to lead evidence before the Industrial Tribunal, and the refusal to grant that opportunity was unsustainable.

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