1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. Since a common issue is involved in both these matters, I have considered these petitions together.

3. The petitioner has raised an unusual, but a vital issue in the light of the Part I order of the Labour Court concluding that the findings of the Enquiry Officer are perverse. Whether the evidence statement of a witness in written form before the Enquiry Officer in a domestic enquiry, should necessarily be sworn on oath before a Notary or before a competent authority which has the power to administer an oath, is the issue.

4. In both these cases, the respondents/employees have preferred complaints before the Labour Court Aurangabad u/s 28 of the MRTU and PULP Act, 1971. In both these cases, the fairness of the enquiry has been conceded. However, in both these cases, the findings of the Enquiry Officer has been assailed.

5. The Labour Court permitted the litigating sides to lead evidence in support of the following two issues :

A. Whether the complainant proved that the enquiry conducted against him is not fair and proper and against the rules of natural justice ?

B. Whether the com