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2026 LLR WEB 614 (KARNATAKA HIGH COURT)
Once a domestic enquiry is held to be unfair and improper, the enquiry stands vitiated in its entirety, and the burden shifts squarely to the employer to prove the alleged misconduct afresh before the Labour Court by leading independent evidence.
INDUSTRIAL DISPUTE - Domestic enquiry - Unfair enquiry - Opportunity to lead evidence - Proof of misconduct - Alleged admission of guilt - Fraud and forgery - Burden of proof - Scope of judicial review - The workman, a bank clerk, was dismissed for allegedly forging documents to avail housing loan instalments - Labour Court held the domestic enquiry unfair and found charges unproved despite fresh evidence - Employer challenged the award granting 60% back wages... subscribe to read more..
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