The employer's right to suspend an employee must be exercised fairly, and the criminal court's decision should be considered in the domestic enquiry.

1. This writ appeal has been preferred against the order of the learned single Judge dated 17.08.2010 passed in W.P.No.17589 of 2001, whereby the learned Judge remitted the matter back to the Labour Court, Cuddalore for fresh disposal of the I.D.No.108 of 1993, with certain directions.

2. The appellant herein was working as a Driver in the 1st respondent - Transport Corporation. On 05.10.1986 the vehicle driven by the appellant met with an accident killing a pedestrian. In respect of the said accident, he was issued with a charge memo. As he denied the charge levelled against him, an enquiry was ordered to be conducted. The Enquiry Officer in his report found the appellant guilty of the charge levelled against him. Based on the Enquiry Report he was terminated from service with effect from 07.10.1993. Challenging the Enquiry Report he raised an Industrial Dispute in I.D.No.108/1993 before the Labour Court, Cuddalore. In the Claim Petition he claimed that he was not negligent in driving the vehicle, and he further stated that he was not paid with the subsistence allowance during his suspension period, which adversely affected him in defending his case. Finally, he stated that the enquiry was not conducted fairly and properly.

3. The Labour Court on the basis of the evidence let in before it rejected the contention of the appellant - driver that the enquiry conducted by the Enquiry Officer was not fair and proper. However, finally it observed that the respondent -management has not submitted either the standing order or byelaws, so as to show that under which clause the alleged negligence or rash driving on the part of the petitioner-driver was classified as one of the misconducts, for which termination from service is warranted, and held that the petitioner-driver is entitled for reinstatement of service with full backwages.

4. Aggrieved by the order of the Labour Court the Transport Corporation has preferred a writ petition in W.P.No.17589 of 2001. The learned single Judge vide his order dated 17.08.2010 allowed the writ petition by setting aside the award of the Labour Court, and remitted the matter back to the Labour Court, Cuddalore with a direction to the Labour Court to dispose of the I.D.No.108/1993 afresh by passing a fresh award. While doing so, the Labour Court shall consider only the enquiry proceedings and shall eschew the evidence recorded earlier by the Labour Court in respect of the merits of the charges. The learned Judge further directed that on considering the records relating to the domestic enquiry and after affording sufficient opportunity to the parties, the Labour Court shall pass an award. In any event, the I.D.No.108/1993 shall be disposed of within a period of two months from the date of receipt of a copy of the order.

5. Aggrieved by the above order of the learned single Judge the present appeal has been preferred by the appellant - workman.

6. We have heard the learned counsel appearing for the appellant workman and the learned counsel appearing for the 1st respondent management and considered the impugned judgment passed by the learned single Judge from which it reveals that the award of the Labour Court was set aside and matter has been remitted back to the Labour Court for fresh decision by giving the following reasoning:-

“4. As I have already pointed out, a preliminary issue was raised by the workman in respect of the fairness of the enquiry. It is the statutory obligation of the Labour Court to decide the said preliminary issue. If only the Labour Court decides that the enquiry was not held fairly and properly, then it can call upon the management to let in evidence to substantiate the order of termination. While doing so, the workman will also be allowed to let in evidence. In the event of the Labour Court coming to the conclusion that the enquiry was held fairly and properly, then the Labour Court cannot allow the management to let in any evidence further. In any event, the