Chennai: Madras high court has emphasised that in an industrial dispute, if a labour court concludes that the domestic inquiry conducted was not fair and proper, then such issue must be decided as a preliminary issue before adjudicating the actual dispute. “In the event of a labour court deciding the main issue without deciding the preliminary issue (fairness of domestic inquiry), in such circumstances, the opportunity to let in additional evidence is denied to both the parties to substantiate their claims,” a division bench of Justice S M Subramaniam and Justice R Sakthivel said.If the labour court forms an opinion that the domestic enquiry was conducted in a fair manner, then it is not necessary to decide the issue as a preliminary issue, and it may proceed with the final award, the court added. “This distinction is of paramount importance in the context of Section 11-A (powers of labour courts and tribunals) of the Industrial Disputes Act in order to preserve the right to defend the case between the parties. The procedures followed by the labour court must pave the way for the parties to establish their case through oral and documentary evidence,” the bench said.The labour court, being a trial court, provides such an opportunity to let in additional evidence beyond the evidence considered in the domestic enquiry, they said. The observations were made while allowing five appeals moved by Suolificio Linea Italia (India) Pvt Ltd, Puducherry, challenging the orders passed in favour of its employees who resorted to strike.
