ORDER

1. Learned counsel for the petitioner submits that the order dated 16th July, 2019 passed by the Industrial Tribunal Jaipur on an application moved u/s 33(2)(b) of the Industrial Disputes Act, 1947 disapproving the dismissal order cannot be said to be fair and justified, once the Tribunal vide order dated 6.7.2002 itself reached to the conclusion that the enquiry was in accordance with the principle of natural justice.

2. Learned counsel submits that in-spite of having reached to the conclusion, the Industrial Tribunal has finally concluded vide its order dated 16th July, 2019 holding the removal order as bad in law and has reached to the conclusion that there was no evidence prima facie to hold the charges proved as against the concerned workman.

3. Learned counsel submits that once the enquiry was declared fair, only aspect required for the Tribunal to see whether there was evidence to prove the charges.

4. I have considered the submissions and perused the impugned order dated 16th July, 2019.

5. This court finds that the learned Tribunal has highlighted the established legal proposition that in cases relating to application moved u/s 33(2)(b) of the Act, it is required firstly