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Patna High Court

The Zonal ManagerversusBimal Chandra Mishra

Decided
Disposal
DISMISSED

Holding

The proviso to Section 11A does not preclude the Tribunal from taking fresh evidence on victimisation or unfair labour practice, and the Tribunal’s award was not illegal; therefore the writ petition is dismissed.

Summary

The Central Bank of India dismissed its Head Cashier, Bimal Chandra Mishra, for allegedly failing to credit a customer’s cash deposit, after an internal enquiry and disciplinary proceedings. Mishra appealed the dismissal, and the Industrial Tribunal set aside the dismissal in an award dated 20 July 2023, holding that the bank’s action was not justified. The bank’s management filed a writ petition challenging the Tribunal’s award, contending that the Tribunal violated the proviso to Section 11A of the Industrial Disputes Act, 1947 by taking fresh evidence. The respondents argued that due process was observed and that the Tribunal was entitled to consider fresh evidence on issues of victimisation and unfair labour practice. The Patna High Court examined the statutory provision and precedent, concluding that Section 11A does not bar the Tribunal from admitting fresh evidence on such matters and that no fresh material beyond the bank’s documents was introduced. Consequently, the Court dismissed the writ petition and vacated the earlier stay, directing the bank to comply with the Tribunal’s order.

Issues considered

  • Whether the proviso to Section 11A of the Industrial Disputes Act, 1947 bars a Labour Tribunal from taking fresh evidence in a dismissal dispute.
  • Whether the Industrial Tribunal erred in setting aside the disciplinary authority’s dismissal order.
  • Whether the writ petition challenging the Tribunal’s award should be allowed.

Legislation cited

Subjects

  • Industrial Dispute
  • Dismissal
  • Section 11A
  • Fresh Evidence
  • Labour Tribunal
  • Disciplinary Proceedings
  • Writ Petition
  • Bank Employee

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.3262 of 2024
     ======================================================
1.    The Zonal Manager Central Bank of India, 3rd Floor, Maurya Lok Complex,
      Patna.
2.   The Assistant General Manager, Regional Office, Central Bank of India,
     Alalpatti, PO- DMCH, District- Darbhanga.

                                                                     ... ... Petitioner/s
                                            Versus

1.   Bimal Chandra Mishra Son of Late Buchi Mishra R/o P.O. and P.S.-
     Ghoghardiha, District- Madhubani.
2.   The Industrial Tribunal, Patna through its presiding Officer.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :         Mr. Siddharth Harsh, Advocate
     For the Respondent/s   :         Mr. Subodh Kumar Jha, Advocate
                                      Mr. Krishna Kumar, Advocate
                                      Mr. Pranav Kumar Jha, Advocate
                                      Mr. Chandra Mohan Jha, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                     ORAL JUDGMENT

      Date : 10-02-2026

                     Heard        learned     counsel      for   the     petitioners

      (Management-Bank) and learned counsel for the respondents.

                     2. The present writ petition has been filed for the

      following reliefs:-

                                              a)     For     issuance       of     an
                                appropriate        writ/order/direction       setting
                                aside the Award dt.20/07/2023 passed by the
                                Presiding Officer, Industrial Tribunal, Patna
                                in Reference Case no.01(C) of 2021 where
                                under and whereby the tribunal has set aside
                                the order of the Disciplinary Authority
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                                 dt.06/08/2015 dismissing the respondent and
                                 the order dt.01/02/2016 passed by the
                                 Appellate Authority confirming the order of
                                 Disciplinary Authority.
                                                  b) For staying the effect of the
                                 impugned Award dt.20/07/2023 passed by
                                 the Presiding Officer, Industrial Tribunal,
                                 Patna in Reference Case no.01(C) of 2021
                                 during pendency of this writ application.
                                                  c) For any other relief or reliefs
                                 for which the petitioner would be found
                                 entitled to in the facts and circumstances of
                                 the case.
                         3.    Learned        counsel      for    the    petitioners

         (Management-Bank) submits that the petitioners are office

         bearers of a nationalized bank, namely, the Central Bank of

         India, a body corporate. He further submits that respondent No.

         1 was an employee of the Central Bank of India and in the year

         2011 he was posted as Head Cashier at Singhwara Branch under

         the Darbhanga Regional Office of the Central Bank of India.

         One customer of the bank deposited Rs. 36,000/- in cash in his

         CKCC account bearing A/c No. 2241733201 at the Singhwara

         Branch of the Central Bank of India. This amount was received

         by the private respondent in cash but the same was not credited

         to the said account of the depositor. It was further alleged that

         the same account holder came again on 14.06.2011 to deposit
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         Rs. 10,000/- in his CKCC account and raised his objection

         regarding non-deposit of Rs. 36,000/- in his account. On

         showing the deposit slip signed by the private respondent, the

         Branch made a credit entry of the said Rs. 36,000/- in the

         account of the customer on 14.06.2011. He further submits that

         the account of the customer was reversed by the private

         respondent on 06.08.2011 and thus the amount deposited by the

         customer was never handed over to the Bank. He further

         submits that the said customer submitted a written complaint on

         24.07.2013 to the Deputy Regional Manager of the Bank. After

         receiving the complaint of the customer, the Bank, upon

         verifying the allegations, issued a letter to the private respondent

         to submit his explanation. The explanation submitted by the

         private respondent was not found satisfactory and, therefore, the

         Bank issued a charge memo on 03.11.2014 to the private

         respondent. He further submits that upon receiving the charge

         memo, the private respondent did not file any show cause

         against the said charge sheet. However, the private respondent

         submitted his reply on 08.06.2015 when the enquiry was already

         over. He was also provided an opportunity to defend himself

         and to lead his evidence. The Enquiry Officer initiated the

         inquiry and, after granting several dates and issuing notice to the
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         private respondent, in which the private respondent appeared,

         despite being given full opportunity, the private respondent did

         not produce any witness. However, the private respondent

         produced 15 documents. After going through the documents, the

         Enquiry Officer submitted his report on 18.06.2015, which was

         communicated to the Disciplinary Authority on 23.06.2015. He

         further submits that the Disciplinary Authority, after going

         through the findings of the Enquiry Officer and the submissions

         of the private respondent in defence of the enquiry report,

         passed an order on 06.08.2015 inflicting the punishment of

         dismissal upon the private respondent without notice under

         Clause 6(a) of the DAP for Workmen dated 10.04.2002. Counsel

         further submits that the private respondent preferred an appeal

         before the Appellate Authority-cum-Deputy General Manager of

         the Bank at the Zonal Office, Patna. Upon granting opportunity,

         the appellate order was passed against him and the order passed

         by the Disciplinary Authority was approved. Thereafter, the

         private respondent preferred CWJC No. 4747 of 2016

         challenging the orders passed in the departmental proceedings.

         However, the said writ petition was dismissed on the ground

         that the private respondent had already filed an application

         before the Regional Labour Commissioner (Central), Patna for
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         conciliation. Counsel further submits that the conciliation failed

         before the Assistant Labour Commissioner and, in terms of

         letter dated 20.05.2019, he referred the dispute to the

         Government. Subsequently, the Central Government, in terms of

         letter dated 08.01.2021 issued by the Deputy Chief Labour

         Commissioner (Central), Patna, referred the dispute to the

         Industrial Tribunal, Patna. The Industrial Tribunal registered the

         case bearing Reference Case No. 01(C) of 2021. He further

         submits that before the Tribunal also the matter was fully

         contested, however, it was decided against the Management-

         Bank, against which the petitioners (Management-Bank) have

         preferred the present writ petition. Counsel further submits that

         at the time of passing of the order there has been a gross

         violation of the proviso to Section 11A of the Industrial Disputes

         Act, 1947 (Act No. 14 of 1947) [hereinafter referred to as Act of

         1947], which clearly provides that in case of dismissal of an

         employee, the Tribunal is not to take evidence afresh and has to

         decide the matter on the material already available on record.

         Counsel further submits that the Tribunal took evidence afresh

         and, without examining the evidence in its proper perspective,

         illegally set aside the order of the Disciplinary Authority and the

         Appellate Authority in terms of its Award dated 20.07.2023,
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         which was published in the Gazette on 23.09.2023.

                         4. Counsel has specifically pleaded that the

         Tribunal failed to consider the fact that the said amount of Rs.

         36,000/- was never deposited by the private respondent in the

         Bank and the entry in the account of the said customer was

         superfluous, which was reversed and corrected on 06.08.2011

         by the private respondent himself. Counsel further submits that,

         prima facie, on the ground that there has been a gross violation

         of the proviso to Section 11A of the Industrial Disputes Act,

         1947 in the present case, the entire adjudication made by the

         Industrial Tribunal resulting in the Award is bad in law and fit to

         be set aside.

                         5. During his argument, counsel for the petitioners

         (Management-Bank) relied on the judgment passed by this

         Hon’ble Court in LPA No. 35 of 1989 decided on 10.05.1990

         (Indian Aluminium Co. Ltd Vs. Labour Court and Ors.),

         reported        in     1990(2)       PLJR    797,   equivalent   to

         MANU/BH/0079/1990. Counsel further relied on another

         judgment in the case of Neeta Kaplish Vs. Presiding Officer,

         Labour Court and Ors., reported in AIR 1999 SC 698 and

         submits that paragraph 16 is very clear that after the

         introduction of Section 11A, die legal position as to the
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         jurisdiction of the Labour Court of Tribunal to itself decide the

         merits of charges           on fresh evidence remained unaltered.

         Therefore, in light of the findings of the Hon’ble Supreme Court

         of India, also in the present case there is a violation of Section

         11A of the Industrial Disputes Act, 1947, the findings of the

         Tribunal are absolutely bad in law and, therefore, the Award and

         the order passed by the Tribunal are liable to be set aside, which

         have been challenged by way of the present relief sought.

                         6. Learned counsel for the respondents, on the other

         hand, submits that in the present case due process of law has

         been followed. Counsel further submits that after the orders

         were passed by the Disciplinary Authority and the Appellate

         Authority, the private respondent preferred CWJC No. 4747 of

         2016, which was disposed off on the ground that the private

         respondent had filed an application before the Regional Labour

         Commissioner for conciliation of the matter. He further submits

         that the said conciliation was conducted completely in

         accordance with the provisions of the Industrial Disputes Act,

         1947. Counsel further submits that upon failure of conciliation,

         the matter was referred to the Central Government and the

         question of reference was framed. Thereafter, the matter was

         referred to the Industrial Tribunal and the case was registered as
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         Reference Case No. 01(C) of 2021 before the Industrial

         Tribunal, Patna. Counsel further submits that the Tribunal issued

         notice upon receiving the reference and directed the parties to

         file their pleadings with a view to decide the reference. Counsel

         further submits that upon receiving notice from the Industrial

         Tribunal, both parties appeared and filed their pleadings before

         the Tribunal and, for the purpose of adjudication, adduced their

         oral and documentary evidence. The learned Industrial Tribunal,

         Patna, upon appreciation of all the materials on record, decided

         the reference in favour of the private respondent. Counsel

         further submits that at no point of time did the Management-

         Bank raise any objection that evidence should not be taken and

         the matter be decided without taking evidence afresh. Counsel

         further submits that for the first time, after allowing the

         reference in favour of the private respondent and preparation of

         the Award, when the Management-Bank filed the present writ

         petition, this plea was taken by the Management-Bank that there

         was violation of the proviso to Section 11A of the Industrial

         Disputes Act, 1947.

                         7. Counsel further submits that the case on which

         the petitioners (Management-Bank) is relying, i.e., Indian

         Aluminium Co. Ltd. (supra), does not create an absolute bar on
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         taking evidence at the level of the Labour Court. Counsel

         further submits that the said decision, rendered by a three-Judge

         Bench of this Hon’ble Court, is actually in favour of the

         respondents.

                         8. Counsel further submits that in paragraph 12 of

         the Industrial Tribunal, Patna in Reference Case No. 01(C) of

         2021, dated 20.07.2023, a categorical finding of the Tribunal is

         recorded, in which it has been acknowledged that actually no

         physical loss of money accrued to the Bank. He further submits

         that the Tribunal has categorically observed that if defalcation of

         money had been made by the private respondent in the Bank in

         the year 2011, particularly on 30.05.2011 as alleged by the

         Management-Bank,            then     no      FIR   was   lodged   by   the

         Management-Bank for the alleged irregularity committed by the

         respondent workman, for reasons best known to the petitioners

         (Management-Bank).

                         9. Counsel further submits that the charge was

         framed against the workman only in 2014, i.e., after a lapse of

         about three years. He further submits that in light of the finding

         of the Tribunal that there was no actual loss of money caused to

         the bank and the irregularity only pertained to an entry of

         money received from the customer in the cash balance register
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         despite the amount being deposited in the account, the Tribunal

         reached the reference and decided it in favour of the private

         respondent and prepared the Award.

                         10. Upon hearing the parties and perusing the

         records, it transpires to this Court that the dispute between the

         petitioners (Management-Bank) and the private respondent has

         been tested originally before the Disciplinary Authority, the

         Appellate Authority and the Labour Tribunal. This Court is of

         the view that concurrent findings of fact have been tested at

         three levels and, therefore, this Court restrains itself from

         entering into the findings of fact.

                         11. So far as the question of law, whether the

         proviso to Section 11A of the Industrial Disputes Act is in

         favour of the respondents or in favour of the petitioners

         (Management-Bank), is concerned, it is necessary to quote the

         relevant section, which states as follows:-

                                                  [11A. Powers of Labour Courts,
                                 Tribunals and National Tribunals to give
                                 appropriate relief in case of discharge or
                                 dismissal of workmen.—Where an industrial
                                 dispute relating to the discharge or dismissal
                                 of a workman has been referred to a Labour
                                 Court, Tribunal or National Tribunal for
                                 adjudication and, in the course of the
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                                 adjudication proceedings, the Labour Court,
                                 Tribunal or National Tribunal, as the case
                                 may be, is satisfied that the order of
                                 discharge or dismissal was not justified, it
                                 may, by its award, set aside the order of
                                 discharge        or    dismissal   and    direct
                                 reinstatement of the workman on such terms
                                 and conditions, if any, as it thinks fit, or give
                                 such other relief to the workman including
                                 the award of any lesser punishment in lieu of
                                 discharge or dismissal as the circumstances
                                 of the case may require:
                                                  Provided that in any proceeding
                                 under this section the Labour Court,
                                 Tribunal or National Tribunal, as the case
                                 may be, shall rely only on the materials on
                                 record and shall not take any fresh evidence
                                 in relation to the matter.]
                         12. The judgment on which the petitioners

         (Management-Bank) relied was rendered by a three-Judge

         Bench of this Hon’ble Court, namely, Indian Aluminium Co.

         Ltd. (supra). In this judgment, a question was decided by the

         three-Judge Bench of this Hon’ble Patna High Court, namely

         whether, in view of the proviso to Section 11A any fresh

         evidence can be adduced on the point of victimisation, unfair

         labour practice, and mala fide on the part of the management,

         and whether such evidence is permissible or not. In this regard,
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         after a detailed discussion, the findings of all three Hon’ble

         Judges were different.

                         13. The first finding was by the then Hon’ble Chief

         Justice G.G. Sohani, who observed that: “I see no cogent reason

         to take, a view different from that taken in the decsion in CWJC

         No. 58 of 1982 (R) on which reliance was placed by the learned

         single Judge. No case is, therefore, made out for interference

         with the order passed by the learned single Judge.”

                         14. The finding of the then Hon’ble Mr. Justice S.

         Roy, is as follows:-

                                                    11. I agree. However, I am
                                 adding few words of my own.

                                                    12.   During   the   course   of
                                 hearing of the writ petition, it was found
                                 necessary to notice the ordersheet of the
                                 Presiding Officer, Labour Court, Ranchi.
                                 The record was called for.

                                                    The management had in the
                                 written statement stated that the domestic
                                 enquiry heid against respondent No. 2, the
                                 workman was fair and proper. Respondent
                                 No. 2 in his written statement stated that the
                                 domestic enquiry was vitiated as there has
                                 been violation of the principles of natural
                                 justice.
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                                                  13. The management prayed for
                                 deciding the question of validity of the
                                 domestic enquiry as a preliminary issue. I
                                 may notice that no specific order or point in
                                 this regard was framed by the Labour Court.
                                 But from the order of the Labour Court
                                 dated 11th June 1983, that appeared to be
                                 the position. This fact is again confirmed by
                                 the order of the Labour Court dated 29th
                                 September 1983, wherein it was recorded
                                 that argument on the question of validity of
                                 the domestic enquiry begun. On 14th
                                 December 1983 order was passed and the
                                 first paragraph of that order reads as
                                 follows:

                                                  “This is an order on legality
                                 and validity of the domestic enquiry”.

                                                  It is thus clear that the parties
                                 led evidence only on the question of legality
                                 and validity of the domestic enquiry and
                                 along with that the order of dismissal of
                                 respondent No. 2 on the ground of
                                 victimisation and unfair labour practise was
                                 not taken up by the Labour Court.

                                                  14. It is not the case of the
                                 management that while trying the question
                                 of fairness of the domestic enquiry, the
                                 Presiding Officer called upon respondent
                                 No. 2 to adduce evidence on his assertion
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                                 that the order was bad as it was a case of
                                 victimisation or unfair labour practise. The
                                 allegation of respondent No. 2 about
                                 victimisation and unfair labour practise
                                 could not have been gone into by the enquiry
                                 officer. Respondent No. 2 was entitled to
                                 raise this question before the Labour Court.
                                 Since the Labour Court did not call upon the
                                 respondent No. 2 to lead evidence on the
                                 question of victimisation and unfair labour
                                 practise, while deciding the fairness of the
                                 domestic enquiry, respondent No. 2 was
                                 entitled to pray to the Labour Court to allow
                                 him to lead evidence on this point, when the
                                 domestic enquiry was held to be fair.

                                                  15. Dr. Pal in support of his
                                 contention that the Labour Court had no
                                 jurisdiction to allow respondent No. 2 to
                                 lead further evidence relied in Rohtas
                                 Industries Ltd. v. The Workmen and Ors.
                                 1978 L.I.C. 949, and Cawnpur Sugar Works
                                 v. The State of Bihar MANU/BH/0371/1984:
                                 1984 P.L.J.R. 813.

                                                  16. In Rohtas Industry (supra)
                                 the award of the Tribunal was challenged
                                 both by the management and the workmen,
                                 the former challenged on the ground that the
                                 Tribunal could not have ordered for re-
                                 instatement by holding that the charge had
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                                 not been proved, and the latter challenged
                                 the award on the ground that as the Labour
                                 Court held that charge had not been proved,
                                 it   should      have    passed    an   order   of
                                 reinstatement. The Tribunal held that the
                                 domestic enquiry was fair and the workmen
                                 accepted      this    position.   Notwithstanding
                                 these facts, the Tribunal directed the parties
                                 to adduce fresh evidence with regard to the
                                 charge framed against the workman. One of
                                 the questions raised before the High Court
                                 was that once the Tribunal held the domestic
                                 enquiry to be fair whether it could have
                                 directed the parties to lead further evidence
                                 with regard to the charge framed against the
                                 workmen. Relying on Workmen v. Fire Stone
                                 Tyre Rubber Company India (P) Ltd. (supra)
                                 it was held that the Tribunal had no
                                 jurisdiction to admit fresh evidence on that
                                 point.

                                                  In   Cawnpur      Sugar   Works
                                 (supra), the workmen, after holding the
                                 domestic enquiry, were dismissed from
                                 service. The Labour Court held that the
                                 domestic enquiry was fair and proper. The
                                 management thereafter had led further
                                 evidence before the Labour Court to prove
                                 the charge against the workmen. The Labour
                                 Court while giving the award confined itself
                                 to the records of the domestic enquiry and
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                                 rejected the prayer of the management to
                                 consider the fresh evidence brought by it
                                 before the Labour Court. The Division
                                 Bench upheld the order of the Labour Court
                                 by holding that as the domestic enquiry had
                                 been held to be fair and proper, there was no
                                 question of leading fresh/additional evidence
                                 to prove the charge. The principle laid down
                                 in both the cases, i.e. in Rohtas Industry and
                                 Cawnpur Sugar Works (supra) has no
                                 application to the facts of this case.

                                                  17. These are also some of the
                                 reasons for which I am of the opinion that
                                 the learned Single Judge whose judgment is
                                 subject matter of this appeal was correct.

                         15. It has been held that the judgment passed by the

         single Judge was to be followed.

                         16. Further, the finding of the third Hon’ble Judge,

         the then Hon’ble Mr. Justice S.B. Sinha, also concurred with the

         same conclusion that the decision made by the single Judge was

         to be followed. His finding has been recorded in paragraphs 53

         to 55 as follows:-

                                                  53. In my opinion, there is not
                                 much      conflict    in   the   aferementioned
                                 decisions.

                                                  54. The Supreme Court in
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                                 Firestone's Case (supra) clearly laid-down
                                 that although in the event a preliminary
                                 issue with regard to the validity or legality of
                                 the domestic enquiry is decided against the
                                 management, it can lead fresh evidence in
                                 order to satisfy the Labour Court or the
                                 Tribunal that the concerned workman in fact
                                 has committed a misconduct and in that
                                 event, the workman will get an opportunity
                                 to lead evidence contra. It is thus evident
                                 that such evidence will form part of the
                                 'materials on records'

                                                  55. While deciding such a
                                 preliminary issue, it will be open to the
                                 workman also to bring on record such
                                 materials as, in his opinion, may be
                                 necessary to show that the domestic enquiry
                                 held by the employer was not an enquiry in
                                 the eye of law i.e. not only the facts
                                 suggesting invalidity of the enquiry or
                                 violation of the principles of natural justice
                                 but the same would also include acts of
                                 victimization, mala fide or unfair of labour
                                 practice on the part of the management
                                 which, if proved, would vitiate the domestic
                                 enquiry itself. Similarly the management can
                                 also adduce fresh evidence to show that the
                                 Tribunal has no jurisdiction to decide the
                                 industrial dispute.
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                         17. Upon a bare reading of the judgment of this

         Hon’ble Court, this Court comes to the conclusion that it has

         been held in that case that the proviso to Section 11A of the

         Industrial Disputes Act did not take away the right of employee

         to adduce evidence with regard to bias or victimisation, i.e., no

         bar in adducing evidence on the pleas of mala fide, victimisation

         or unfair labour practice on the part of the employer.

                         18. It also transpires to this Court that from the

         judgment of the Hon’ble Supreme Court of India on which the

         petitioners (Management-Bank) relied later on, namely Neeta

         Kaplish (supra), paragraphs 14, 15, 16 and 19 state as follows:–

                                                  14. Provisions of the Industrial
                                 Disputes Act were thus amended on the
                                 recommendation of the International Labour
                                 Organization         and   Section    11A    was
                                 introduced in the Act by the Parliament,
                                 wherein it was provided that the Tribunal
                                 had not only the power to set aside the order
                                 of dismissal and direct reinstatement of the
                                 workman, it had also the power to award
                                 lesser punishment The Proviso to Section
                                 11A, however, provided that the Tribunal
                                 would rely only on the material already on
                                 record and shall not take fresh evidence.
                                                  15. The provisions of Section
                                 11A, specially the prohibition contained in
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                                 the Proviso that the Labour Court would not
                                 take any fresh evidence, came to be
                                 considered by this Court in several cases
                                 which we shall shortly notice but even before
                                 the introduction of Section 11A, this Court in
                                 Ritz Theatre (Pvl) Ltd. Delhi v. Its Workmen,
                                 MANU/SC/0265/1962: (1962)IILLJ498bSC,
                                 laid down that where the Management relied
                                 upon the domestic enquiry in defending its
                                 action, it would be the duty of the Tribunal
                                 to first consider the validity of the domestic
                                 enquiry and only when it came to the
                                 conclusion that the enquiry was improper or
                                 invalid, it would itself go into the merits of
                                 the case and call upon the parties to lead
                                 evidence.
                                                  16. Even after the introduction
                                 of Section 11A, die legal position as to the
                                 jurisdiction of the Labour Court of Tribunal
                                 to itself decide the merits of charges on fresh
                                 evidence remained unaltered.
                                                  19.    The    Court     further
                                 observed :
                                                  “We are, therefore, clearly of
                                 opinion that when a case of dismissal or
                                 discharge of an employee is referred for
                                 industrial adjudication, the Labour Court
                                 should first decide as preliminary issue:
                                 whether the domestic enquiry has violated
                                 the principles of natural justice. When there
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                                 is no domestic enquiry or defective enquiry
                                 is admitted by the employer, there will be no
                                 difficulty. But when the matter is in
                                 controversy          between   the   parties,   that
                                 question must be decided as a preliminary
                                 issue. On that decision being pronounced, it
                                 will be for A the management to decide
                                 whether it will adduce any evidence before
                                 that Labour Court. If it chooses not to
                                 adduce any evidence, it will not be thereafter
                                 permissible, in any proceeding to raise the
                                 issue.”
                         19. With a view to decide the issue, in the said case

         the decision to allow the management to lead fresh evidence

         was supported, but in the said case the management did not lead

         any fresh evidence on the merits. It is due to this reason that the

         Hon’ble Supreme Court of India remanded the matter to the

         Labour Court, directing the management to lead evidence afresh

         and then decide the matter within a fresh period of time.

         Therefore, upon perusal of both the judgments on which the

         petitioners (Management-Bank) relied in this case, this Court

         reaches the finding that neither the Hon’ble three-Judge Bench

         of this Court in the case of Indian Aluminium Co. Ltd. (supra)

         nor the Hon’ble Supreme Court of India judgment in Neeta

         Kaplish (supra) has created any bar in taking fresh evidence
Patna High Court CWJC No.3262 of 2024 dt.10-02-2026
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         under the proviso to Section 11A of the Industrial Disputes Act,

         1947.

                         20. Upon discussion of the above position of law as

         well as the judgments referred to, this Court hereby decides that

         in the present case the question of reference is as follows:-

                                         “Whether     the    action     of    the

                         Management-Bank of the Central Bank of India in

                         imposing the punishment of dismissal on the

                         workman Shri Bimal Chandra Mishra is fair, legal,

                         or justified? If not, what relief is the workman

                         entitled to? This Court is of the firm view that the

                         word testing the dismissal of the respondent from

                         service as fair, legal, or justified implies the right of

                         the employee to adduce evidence with regard to

                         victimisation, malafide conduct, or unfair labour

                         practice on the part of the employer.”

                         21. On the question of the finding of fact, there is a

         conclusive finding in paragraph 12. Upon perusal of the

         judgment, this Court finds that only one witness was examined

         on behalf of the employee and one witness on behalf of the

         employer, otherwise, both parties relied on the documents of the

         Bank itself. Therefore, this Court is of the opinion that no fresh
             Patna High Court CWJC No.3262 of 2024 dt.10-02-2026
                                                       22/22




                      material has been considered. All the materials relied upon are

                      of the Bank, and for the purpose of producing these documents

                      as exhibits, these two witnesses were examined and adduced

                      evidence.

                                      22. With this reason, this Court hereby dismisses

                      the writ petition. The stay granted by this Court on 14.03.2024

                      is hereby vacated. The petitioners (Management-Bank) is

                      directed to comply with the order of the Tribunal within 60 days

                      from the date of production of this order, otherwise, the

                      complaint case filed before the Civil Court, in light of Section

                      32 of Industrial Disputes Act, 1947 shall be proceeded with.




                                                                   (Dr. Anshuman, J.)

Aman Kumar/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.02.2026
Transmission Date       NA


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