KHARDAH CO. LTD. vs THEIR WORKMEN

The Supreme Court held that the Industrial Tribunal was justified in discarding the domestic enquiry conducted by the appellant's Manager, who failed to record any findings and conducted the enquiry in violation of principles of natural justice. The Court emphasized that the evidence against the workman must be presented in his presence, and the absence of a fair enquiry invalidates the dismissal. The ruling clarified that the Tribunal can decide on merits if the domestic enquiry is flawed, reinforcing the importance of proper procedure in industrial disputes under Article 311 of the Constitution.