Hon’ble Sudhir Agarwal, J.—Heard Sri Bhanu Pratap Singh for petitioner and Sri B.N. Singh for contesting respondent No. 2.

2. Writ petition is directed against the award dated 30.10.2002 passed by Labour Court (1st) U.P. Kanpur answering the reference in adjudication case No. 259 of 1999 against the employer holding that Sri Prem Shankar Bajpai, workman, was wrongly/illegally dismissed from service on 31.8.1998. The Labour Court held that no enquiry was conducted against the Workman concerned by holding oral enquiry and, therefore, the entire proceeding are in utter violation of principle of natural justice. Learned counsel for petitioner contended that after issuance of charge-sheet, the workman did not submit any reply and, therefore, there was no occasion for holding oral enquiry.

3. The submissions is thoroughly misconceived. Even if delinquent employee has not submitted any reply to the charge-sheet, it does not amount to acceptance of the allegations made in the charge-sheet and it is incumbent upon the enquiry officer to hold the oral enquiry wherein the charges have to be proved.

4. Holding of oral enquiry is mandatory before imposing a major penalty as held by the Ape