Judgment

DAS GUPTA, J. : When the management of an industry holds an enquiry into the charges against a workman for the purpose of deciding what action if any, should be taken against him, has the workman a right to be represented by a representative of his Union at the enquiry? That is the principal question raised in this appeal. The 14 appellants, all workmen in M/s. Tata Locomotives Engineering Co., Ltd., Jamshedpur, were dismissed under the orders of the company s management on the result of an enquiry held against them. As industrial disputes between these workmen and the company were at that time pending before the Industrial Tribunal, Bihar, the company filed applications purporting to be under S. 33 of the industrial Disputes Act praying for approval of the action taken by it against the workmen. Workmen also filed application under S. 33A of the Industrial Disputes Act complaining of the action taken against them by the company. The applications of the company under S. 33 were however ultimately held to have become infructuous and the applications under S. 33A were only considered and disposed of by the Labour Court. The applications of these 14 appellants were however dis