Once a domestic enquiry is held to be fair and proper, the adjudicating body cannot re-appreciate evidence, sit in appeal over findings of fact, or review its own interlocutory orders regarding the enquiry's validity while passing the final award.

JUDGMENT :

Sanjay Prasad, J.

This writ petition has been filed on behalf of the Management Company in the nature of Certiorari for quashing the Judgment dated 21.02.2006 (pronounced on 16.03.2006) passed by the learned Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 20 of 1995 whereby and whereunder the termination of the concerned workman has been held to be not valid and accordingly direction for payment of wages for seventeen months from the date of his termination till his notional date of superannuation with all consequential benefits has been directed to be paid and/or for issuance of such other writ(s), order(s) or direction(s) as this Hon’ble Court may think just.

2. Heard Mr. Rajiv Ranjan, learned Sr. Counsel for the Petitioner-Company and Mr. Manish Kumar, learned counsel for the Workman- Respondent.

3. It reveals from the ordersheet of this Court that though the above writ application was filed in the year 2006 and on 05.09.2006 notice was issued upon the Respondent by the Co-ordinate Bench (Justice Narendra Nath Tiwari, as His Lordship then was) of this Court, but requisites were not filed for a long period for a fresh notice and finally on 05.09.2007 time was granted to the petitioner to take steps for service of Notice by peremptory order by the Co-ordinate Bench (Justice Amareshwar Sahay, as His Lordship then was), then the matter was heard in part on 03.08.2010 by the Co-ordinate Bench (Justice Pradeep Kumar, as then His Lordship was) of this Court, however, it was fixed on 04.08.2010, but the matter was not placed and then it was placed for the first time on 18.06.2019 before the Co-ordinate Bench (Hon’ble Mr. Justice Rajesh Kumar) of this Court. However, the matter was adjourned on 11.06.2019 and 18.06.2019 on the joint prayer of the parties. Even on 24.07.2019 and 20.08.2019 adjournment was taken on behalf of the petitioner and the case was fixed on 29.08.2019. However, the record reveals that thereafter, the case was placed on 08.12.2020 during Covid-19 pandemic period and then on 24.03.2021 this writ petition was admitted by the Co-ordinate bench (Hon’ble Mr. Justice Ananda Sen) of this Court, however, Notice was issued upon the sole Respondent although the learned counsel for the Respondent had already appeared on several dates as mentioned above. On 24.03.2021 the Impugned Award dated 21.02.2006 passed in Reference Case No. 20 of 1995 was directed not to be given effect to. Thereafter, the matter was placed on 11.06.2024 before the Hon’ble Co-ordinate Bench (Hon’ble Mrs. Justice Anubha Rawat Choudhary) of this Court and the matter was placed on 01.07.2024, however, on 01.07.2024 the Co- ordinate Bench (Hon’ble Mrs. Justice Anubha Rawat Choudhary) recused herself from hearing this writ petition. Thereafter, this matter was placed before this Court for the first time on 31.07.2024. On that day the learned counsel for both sides have completed their arguments, however, from going through the records of this case it appears that Lower Court Record was not called for by the Co-ordinate Bench of this Court. This Court has also not called for the Lower Court