JUDGMENT/ORDER

BHARAT P. DESHPANDE, J. - Heard. Rule. Rule made returnable forthwith. Heard learned counsel appearing for the parties, with consent for final disposal.

2. The order impugned in the present petition is dtd. 07/09/2022 below Exh.C-9 passed by the learned Labour Court, Amravati, thereby rejecting the application filed by the employer to permit them to conduct an enquiry / to prove the charges before the said Tribunal on the ground that no enquiry was conducted before removal of the respondent.

3. Learned counsel for the petitioner would submit that first of all, such right is available to the petitioner. As it is settled that even if no enquiry is conducted or even defective enquiry is found to be conducted, the employer is entitled to seek permission for proving the charge in order to justify the decision taken by the employer.

4. Learned counsel for the petitioner placed reliance on 1] Workmen of the Motipur Sugar Factory Private Ltd. Vrs. The Motipur Sugar Factory, reported in (1965) 3 SCR 588, 2] (The workmen of M/s. Firestone Tyre and Rubber Co. of India (Pvt.) Ltd. Vrs. The management and others, reported in (1973) 1 SCC 813) and 3] State of Uttarakhand and others