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2026 LLR WEB 1122 (KARNATAKA HIGH COURT)
Withholding of best evidence like CCTV footage and entry registers, coupled with absence of corroboration beyond the sole complainant's testimony, entitles the Court to draw an adverse inference and set aside a finding of misconduct as perverse.
LABOUR AND INDUSTRIAL LAW - Domestic enquiry - Finding of misconduct - Adverse inference for non-production of evidence - Preponderance of probabilities - Perversity - Proportionality of punishment - Articles 226 and 227, Constitution of India - Section 11A, Industrial Disputes Act, 1947 - The petitioner, a Kitchen Steward, was dismissed following a domestic enquiry which held he had threatened the HR Manager; the Labour Court upheld the enquiry as fair and rejected... subscribe to read more..
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