ORDER

Learned counsel for the petitioner referred us to a decision of a Bench of two learned Judges of this Court in the case of R. Thiruvirkolam v. Presiding Officer & Anr.1 which has been later followed by a Bench of three learned Judges in the case of Punjab Dairy Development Corporation Ltd. & Anr. v. Kala Singh & Ors.2. In our view, these are the cases where the management held defective inquiry and before the Labour Court or the Industrial Tribunal the defect was sought to be removed by leading evidence and ultimately if the Court seized of a reference under Section 10 of the Industrial Disputes Act agreed with the management on the new evidence led before it, the question of relation back of the order of the Labour Court or Industrial Tribunal to the original order of termination would assume importance. But in cases where no domestic inquiry is held at all, as in the present case, in our view the aforesaid decisions would not apply.

2. Learned counsel is very sanguine when he contends that the decision of the Constitution Bench in the case of P.H. Kalyani v. M/s. Air France Calcutta3 squarely applies to the facts of the present case also and for that purpose he submits that t