Dr. Kochu Thommen, J.

1. The petitioner is a Cooperative Society. The 2nd respondent was an employee of the society. A domestic enquiry was conducted against him on certain charges. On the basis of the finding of the enquiry officer, the employee was dismissed from the service of the society with effect from 12th August 1972. A dispute which soon arose as a result of the dismissal was referred under S.10 of the Industrial Disputes Act, 1947, to the Industrial Tribunal, Calicut. The Tribunal by its award (Ext. P-3) dated 28th September 1976, set aside the order of dismissal and directed reinstatement of the employee. The Tribunal found that the domestic enquiry was defective and invalid as no notice of the enquiry had been duly served on the employee. The Tribunal further found that the charges against the employee were not proved.

2. The award is challenged by the society on three grounds. It is contended that the Tribunal failed to observe the principle laid down by the Supreme Court in Cooper Engineering Limited v. P. P. Mundhe 1975 (II) LLJ 379, in so far as it did not give an opportunity to the management to adduce evidence after the Tribunal came to a finding that the