1. The writ application has been preferred on the ground that the
impugned Award dated 20.02.2025 passed by the Learned
Judge, 3rd Industrial Tribunal, West Bengal, Kolkata in Case
No. 03/2021 has been passed in gross violation of the cardinal
principles of natural justice, specifically the audi alteram partem
rule, inasmuch as the Tribunal peremptorily closed the evidence
Page 2 2026:CHC-AS:637
of the parties before cross-examination of the petitioner’s witness
OPW-1 could be completed.
2. The petitioner relies upon the judgments and the settled legal
framework laid down by the Constitution Bench of the Hon’ble
Supreme Court in Workmen of Firestone Tyre & Rubber Co.
of India (P) Ltd. v. Management, (1973) 1 SCC 813, and
reiterated in State of Uttarakhand v. Sureshwati, (2021) 3
SCC 108, which mandates that where no domestic enquiry
has been held prior to dismissal, the employer is entitled to
lead evidence before the Tribunal for the first time and the
Tribunal must determine justifiability of the dismissal on
the basis of such evidence.
