1. Mr. Verma submits that the Labour Court has come to the conclusion that the enquiry was not just and fair, without looking at the enquiry report. He submits that if the enquiry report had been perused, especially the findings on page 12 of the enquiry report, it would have become apparent that the workman had been given all due opportunities. In my view, there is nothing perverse in the findings recorded by the Labour Court that the enquiry has not been just and fair. However, once the enquiry has been found to be not just and fair, it is the Labour Court which has to give an opportunity to the employer to lead evidence to establish the misconduct. This misconduct cannot be established by entrusting the enquiry to a bank outsider. In the present case, the enquiry has been entrusted to an advocate viz., Mr. Sureshbaboo. This cannot be permitted under the provisions of the Industrial Disputes Act. 2. In view of the above, the appointment of Mr. Sureshbaboo as an enquiry officer by the Labour Court is hereby set aside. 3. The Labour Court is directed to hold the enquiry itself and give an opportunity to the petitioner to lead evidence to establish the misconduct as required under the Industrial Disputes Act. The Award is set aside to the extent mentioned above. The matter is remanded back to the Labour Court to hold the enquiry as per the Industrial Disputes Act, to determine as to whether or not the management has established the misconduct.