Materials On Record

Materials on record, the expression 'materials on record' occurring in the Proviso, cannot be confined only to the materials which were available at the domestic enquiry. On the other hand, the 'materials on record' in the Proviso must be held to refer to materials on record before the Tribunal. They take in (1) the evidence taken by the management at the enquiry and the proceedings of the enquiry, or (2) the above evidence and in addition, any further evidence led before the Tribunal, or (3) evidence placed before the Tribunal for the first time in support of the action taken by an employer as well as the evidence adduced by the workmen contra, Workmen v. Firestone Tyre & Rubber Co. Ltd., AIR 1973 SC 1227 (1243): (1973) 1 SCC 813. [Industrial Disputes Act, 1947, s. 11A Proviso]