DECISION ' This is an appeal against the order of the Labour Court ordering reinstatement of the respondent on an application made under section 25-A, I. R.
0., 1969.
2. The respondent was in the service of the appellant. On account of some alleged misconduct he was charge-sheeted. He submitted an explanation which was not found satisfactory and, therefore, an inquiry was ordered. On the conclusion of the inquiry, he was found guilty of the charge and, therefore, the second show-cause notice was served upon him. Thereafter his services were terminated.
3. Aggrieved by this, he served a grievance notice and approached the Labour Court. Evidence was tendered by both the parties. On the assessment of the evidence, the Labour Court came to the conclusion that, although, an inquiry was held and a second show cause notice was served upon the respondent but the Inquiry Report was not sent to him and, therefore, an illegality was committed. On the basis of this conclusion, he set aside the order of dismissal and re-instated the respondent with all back benefits. Aggrieved by this, the present appeal had been filed.
4. On perusal of the record and proceedings and heating the arguments, I entirely agree with the learned Presiding Officer that illegality was committed inasmuch as the inquiry report was not sent to the respondent Indeed, It was pleaded on behalf of the appellant that inquiry report was sent and there was evidence to that effect, but this evidence was rightly rejected by the learned Presiding Officer in view of the tact that no such fact was mentioned in the second show-cause notice.
5. In the result I dismiss the appeal. It is, however, open to the appellant to serve a fresh show- cause notice with the inquiry reports and take such further action as may be deemed fit in accordance with law. It should be made clear that till further action is taken the respondent shall be entitled to all the back benefits. It may be mentioned here that the learned counsel for the respondent attempted to raise some pleas with regard to the merits of the case, but I declined to allow him to agitate those grounds in view of the order which I have passed. It will be open to the respondent to agitate those grounds if a fresh application under section 25-A, I. R.
0., 1969 is made against the fresh order of termination of service, if any, on the basis of two fresh show-cause notice as indicated above.