JUDGMENT- R.J. KOCHAR, J.:---The petitioner, a five star hotel, is aggrieved by the judgment and order dated 24th July, 1997 passed by the Presiding Officer, Labour Court, Mumbai in Complaint U.L.P. No. 226 of 1993 filed by the respondent employee under Item I (A, B, D, E, F G) of Schedule IV of M.R.T.U. P.U.L.P. Act against the order of termination passed by the petitioner terminating the services of the employee with effect from 20th June, 1992 on the ground of loss of confidence on account of an incident which appears to have taken place on 21-12-1991 when the said employee Shri Vincent was working in his third shift from 11.00 p.m. (on 20th December, 1991) to 7.00 a.m. on 21st December, 1991. The petitioner passed the impugned order without holding a domestic enquiry before terminating the said employee from employment. In the order of termination it is mentioned that the Security Supervisor Mr. Suleman Shaikh on his round at 4.00 a.m. on 21st December, 1991 found the said employee moving in a very suspicious manner on 6th floor of the hotel and he saw the employee entering in room No. 66 after knocking the door at the odd hour. The Supervisor further reported to have heard

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