Whether the management is entitled to adduce evidence in support of the order of dismissal before the labour tribunal?
From India, New Delhi
Dear Colleague,

It is absolutely must to adduce evidence in support of the order of dismissal in the matter pending befor the Labour Court. ( not Labour Tribunal).


Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai

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 then is bound to give the opportunity to the management.
From India, Mumbai
An Order of dismissal affects the rights of the obligations of the parties and hence it is quasi-judicial in nature. Necessarily, the decision needs to be conveyed through a speaking order. As such, in my opinion the Court may not accept any evidence to be adduced subsequent to the decision.
From India, Kochi
Dear All Thanks for your erudite and knowledgeable replies which are useful for my understanding.
From India, New Delhi

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