Reserved right to lead evidence in labour dispute survives a perverse enquiry finding when pleaded in the written statement.

Where a domestic enquiry is found fair but the enquiry officer's findings are held perverse, the management may still lead evidence before the Labour Court if it has expressly reserved that right in its written statement. The ruling applies the settled principle that a defective enquiry may arise from breach of natural justice or perversity of findings, and in either situation the employer's reserved alternative plea preserves the opportunity to prove the charges. Because the written statement contained such a reservation, the Labour Court erred in deciding the dispute finally without first allowing the management to exercise that right. The remand for further evidence and decision according to law was sustained.

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Issues: Whether, after the domestic enquiry was held fair and proper but the findings of the enquiry officer were held perverse, the management could still be given an opportunity before the Labour Court to lead evidence to prove the charges, where such a right had been reserved in the written statement.

Analysis: The decision reconciles the principles that an employer must seek leave to lead evidence at the earliest opportunity and that such a right may nevertheless be preserved by an express alternative plea in the written statement. It applies the settled rule that a domestic enquiry may fail either for breach of natural justice or for perversity of findings, and in either situation the management may adduce evidence before the Labour Court if it has reserved that right in its pleadings. On the facts, the written statement expressly contained such a reservation, and the Labour Court erred in deciding the matter finally without calling upon the management to exercise that right after holding the findings perverse.

Conclusion: The management was entitled to an opportunity to lead evidence before the Labour Court, and the remand ordered by the learned single Judge was upheld.

Final Conclusion: The appeals failed and the order remanding the matters to the Labour Court for further evidence and decision according to law was sustained.

Ratio Decidendi: Where a management has expressly reserved in its written statement the right to lead evidence if the domestic enquiry is found defective or the findings are held perverse, the Labour Court must afford that opportunity before finally deciding the dispute.

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