http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 7
PETITIONER: KALINDI & OTHERS
Vs.
RESPONDENT: TATA LOCOMOTIVE & ENGINEERING CO., LTD.
DATE OF JUDGMENT: 25/03/1960
BENCH: GUPTA, K.C. DAS BENCH: GUPTA, K.C. DAS GAJENDRAGADKAR, P.B. WANCHOO, K.N.
CITATION: 1960 AIR 914 1960 SCR (3) 407 CITATOR INFO : F 1965 SC1392 (9) RF 1966 SC1731 (12) RF 1972 SC2178 (16)
ACT: Industrial Dispute--Enquiry by management into misconduct of workman--Representation by representative of Union--Whether workman entitled to.
HEADNOTE: A workman against whom an enquiry is being held by the management has no right to be represented at such enquiry by a representative of his union, though the employer in his discretion, can and may allow him to be so represented. In such enquiries fairly simple questions of fact as to whether certain acts of misconduct were committed by a workman or not fall to be considered and the workman is best suited to conduct the case. Ordinarily, in enquiries before domestic tribunals a person accused of any misconduct conducts his own case and so it cannot be said that in any enquiry against a workman natural justice demands that he should be represented by a representative of his Union.
JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeal No. 101 of 1960. Appeal by special leave from the Award dated 2nd March, 1959, of the Labour Court, Chotanagpur Division, Ranchi, in Misc. ...