( 1 ) HEARD learned counsel for the appellant and learned counsel for the respondent No. 2 management.

( 2 ) THE question herein which has found a pronouncement against the employee in the writ petition is that in case the employee through his Advocate concedes that no objection is taken as to the validity of the domestic enquiry later the employee cannot ask the Labour Court or Industrial Tribunal before which the industrial dispute is pending adjudication, to lead evidence to show that domestic enquiry was invalid. We had the occasion to deal with a reverse case in which the employer wanted to lead evidence after such a concession by the learned Counsel for the employee and to consider the scope of Section III-A of the Industrial Disputes Act, 1947 (for short the Act ). In Writ Appeal No. 918 of 1995 after considering various pronouncements of the Supreme Court, we have held in our judgment that it is the duty of the Court or the Tribunal to decide whether domestic enquiry is valid or not and it does not depend upon the party appearing before it to ask for a decision on the question of the validity of the domestic enquiry. The Supreme Court in Workman of F. T,