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1969 Supreme(SC) 125

V.BHARGAVA, J.M.SHELAT
Tata Engineering And Locomotive Company LTD. – Appellant
Versus
S. C. Prasad – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points:

  • The Supreme Court of India allowed the company's appeal and set aside the Industrial Tribunal's award in a reference regarding the discharge/dismissal of workmen at Tata Engineering and Locomotive Company Limited.
  • The Tribunal had held that domestic enquiries were vitiated by breaches of natural justice, including reliance on extraneous matters, failure to produce specific documents/witnesses, and perverse findings by the General Manager, leading to orders of reinstatement.
  • The Supreme Court found that the Tribunal was in error regarding the reliance on extraneous matters, noting they were merely incidental observations not relied upon for the findings of guilt.
  • Regarding the General Manager's orders stating charges were "established" based on "other relevant information," the Court clarified this referred to other materials on record, not the excluded extraneous matters, and acknowledged a clerical mistake in the word "levelled."
  • The Court held that the Tribunal was factually incorrect in claiming certain documents (punching cards, gate diary, duty register) were not produced, as the enquiry report confirmed they were seen by the workmen.
  • The Court ruled that the non-production of the original punching card instead of a duplicate did not vitiate the enquiry, especially since the workman did not allege the duplicate was tampered with or contained different times.
  • The Court determined there was no legal obligation on the enquiry officer to produce witnesses required by the workman, particularly company officers whom the workman wanted to cross-examine as company witnesses.
  • The omission to produce preliminary reports used by management to decide on disciplinary action did not violate natural justice as these reports were not part of the evidence or relied upon for the enquiry findings.
  • Regarding the discharge of Ram Manohar Dubey, the Court held the management acted bona fide and was not victimizing him; the order was a proper exercise of power under Standing Order 47 to terminate services due to prejudice to company interests following an assault, rather than a punitive dismissal requiring reinstatement.
  • Consequently, the jurisdiction of the Tribunal to decide on the merits of the dismissal orders was not triggered because the domestic enquiries were valid and findings were not perverse or contrary to evidence.

SHELAT, J.

(1) -IN Ref. 27 of 1964 between the appellant company and its workmen three questions were referred to the Industrial tribunal for ad- indication: (1) whether the discharge/dismissal of the 10 workmen named therein was proper and justified ; if not, whether they were entitled to rein- statement or any .other relief; (2} whether the existing educational facilities provided by the management to the dependents of the workmen were adequate; if nor. what additional facilities the company should provide; and (3) whether ta- existing medical facilities provided by the company to the workmen and theire familles were adequate ; if not, what additional facilities it should pro- vide. As regards question l,the company had .held domestic enquires against workmen 1 to 7 and on conclusion thereof the General Manager accepting the findings of the enquiry officer, had passed orders of dismissal. So far as workmen 8 and 10 were concerned, the company had removed their names from its rolls on the ground that they had abandoned their employ- ment. Workman No. 9, Ram Manohar Dubey, was discharged from service on the ground that due to certain activities of his the management had lost


























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