RAJINDER KUMAR KINDRA vs DELHI ADMINISTRATION THROUGH SECRETARY (LABOUR) AND ORS.

The Supreme Court held that under Section 11-A of the Industrial Disputes Act, 1947, both the arbitrator and the court can reappraise evidence from a domestic inquiry to determine if misconduct is established. The Court found that the charge against the appellant, regarding negligence in keeping his cheque-book, did not constitute misconduct as there is no legal obligation to keep a cheque-book in safe custody. The Court overturned the High Court's dismissal of the appellant's writ petition, ruling that the dismissal was not justified given the lack of legal evidence supporting the misconduct charge.