The fairness of a disciplinary enquiry can be challenged after the final award is passed, and the Presiding Officer of the Tribunal has the liberty to decide the pending dispute based on the evidence.

1. The present special appeal is directed against order of the ld. Single Judge dt. 6.11.2017.

2. However, the office has pointed out delay in filing of the appeal & in support thereof application u/Sec.5 of the Limitation Act, seeking condonation of delay has been filed which is satisfactorily explained & deserves to be condoned.

3. Accordingly, the application u/Sec.5 of the Limitation stands allowed. Delay is condoned.

4. The appellant/workman was serving as Cashier-cum-Clerk. In a departmental enquiry he was found guilty & punished with penalty/dismissal for service vide order dt.04.01.2013. The reference was made before the Ld. Tribunal, Alwar u/Sec.10 of the Industrial Disputes Act, 1947 “whether the dismissal, in a disciplinary enquiry, dt.04.01.2013 is fair & valid and if not what relief the workman is entitled for.”

5. After proceeding to appreciate the material of departmental enquiry, the ld. Industrial Tribunal recorded a finding holding the domestic enquiry held to be fair vide order dt.15.05.2017 and that became the subject matter of challenge at the instance of the workman in the petition which came to be dismissed by the ld. Single Judge under order impugned dt.06.11.2017 holding that it is an interim order & after final award being passed by the Ld. Tribunal the appellant workman is at liberty to assail the award in the appropriate proceedings & placed reliance on the order dt.23.08.2017 passed by the Single Bench of this Court in S.B.C.W.P. No.8044/2017 (Ramotar Sharma Vs. The Member Secretary, Rajasthan Medical Relief Society & Ors.).

6. After we have heard counsel for the appellant, we are of the view that the interim order passed by the Ld. Labour Court holding the disciplinary enquiry to be fair is always open to challenge after final award being passed by the either party aggrieved.

7. We make it clear that what being observed by the ld. Single Judge in the earlier proceedings assailed before us, may not be influenced/inhibited by the Presiding Officer of the Tribunal who is at liberty to decide the pending dispute on the basis of the evidence adduced by the parties in accordance with law.

8. Before parting with the order, it is expected from the ld. Labour Court to decide the reference as expeditiously as possible.

9. In view of the above terms, the appeal stands disposed of.