Whether the management is entitled to adduce evidence in support of the order of dismissal before the labor tribunal?
From India, New Delhi
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425From India, New Delhi
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Dear Colleague,
It is absolutely necessary to adduce evidence in support of the order of dismissal in the matter pending before the Labour Court (not Labour Tribunal).
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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It is absolutely necessary to adduce evidence in support of the order of dismissal in the matter pending before the Labour Court (not Labour Tribunal).
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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You need to plead specifically that "In the event, the Hon'ble Labour Court comes to the conclusion that the departmental enquiry is vitiated for any reason whatsoever, then the respondent management craves for an opportunity to lead evidence and prove the misconduct on merit before the Hon'ble Court". The court is then bound to give the opportunity to the management.
From India, Mumbai
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From India, Mumbai
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An order of dismissal affects the rights and obligations of the parties, and hence, it is quasi-judicial in nature. Necessarily, the decision needs to be conveyed through a speaking order. In my opinion, the court may not accept any evidence to be adduced subsequent to the decision.
From India, Kochi
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From India, Kochi
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