JUDGMENT

AHMADI, J.- Special leave granted.

2. The short question which falls for determination in this appeal is whether a delinquent is entitled to be represented by an office-bearer of another Trade Union, who is not a member of either a recognised union or a non-recognised union functioning within the undertaking in which the delinquent is employed, notwithstanding the statutory limitation contained in the certified Standing Orders and clause (ii) of Section 22 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereafter called the Act). The High Court has answered this question in the affirmative on the following line of reasoning :

"[F]or the purpose of the domestic enquiry to be fair and impartial it is very much necessary that the delinquent workman be allowed to be represented by a person of his choice and if an employee is refused such a fair opportunity of putting forward his case by a representative of his choice, even if the representative is an outsider, it could be well said that the principles of natural justice were violated. There is nothing in Section 22.. to deny such a basic and fundamental right to a workman. Sect