ORDER

Leave granted.

Heard learned counsel for the parties. The short question which arises for consideratin of this Court is whether the Industrial Tribunal was justified in refusing the prayer of the appellant company the employer to lead evidence in support of the order of dismissal passed against the respondent-employee. By the impugned judgment, the Bombay High Court has upheld the decision of the Tribunal in refusing to give permission to the employere to lead evidence before the Tribunal in justification of the order of dismissal.

2. Mr. Pal, the learned senior counsel appearing for the appellant has submitted before us that such permission has been refused by the Tribunal by indicating that although the enquiry was properly held, the finding in such enquiry was preverse and in such circumstances, no opportunity to lead evidences should be given. Such view according to Mr. Pal is not justified inasmuch as it has been held in Management of Ritz Theatre (P) Ltd. v. Its Workmen1, that even when finding is perverse (see page 468) the whole issue is at large before the Tribunal and it would be entitled to deal with the merits of the dispute itself, when it would be open to the emplo