MCKENZIE & CO. LTD. versus ITS WORKMEN AND OTHERS

MCKENZIE & CO. LTD. versus ITS WORKMEN AND OTHERS

When the management conducts a bona fide enquiry following the standing orders and natural justice, and there is evidence supporting the charges, judicial authorities cannot sit in appeal over the management's decision except where there is mala fide, caprice, discrimination or breach of natural justice. Orders allowing reinstatement and compensation by the Appellate Tribunal and Industrial Tribunal for workmen Nos. 2 to 24 and 25 to 48 were set aside, as service of notice was properly effected and the second enquiry was not barred by res judicata.

Parties
Appellant: Mckenzie & Co. Ltd.; Respondents: Its Workmen and Others
Jurisdiction
India
Judgment Date
17 October 1958
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From the Labour Appellate Tribunal (calcutta) Decision
Outcome
Appeal allowed.
Legal Topics
Industrial Disputes, Illegal Strike, Dismissal of Workmen, Lock Out, Enquiry Procedures, Natural Justice, Res Judicata
Labour and Industrial Law Industrial Disputes Illegal Strike Dismissal of Workmen Lock Out Enquiry Procedures Natural Justice Res Judicata

Case Brief

Summary, issues, holding and outcome

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Parties

Mckenzie & Co. Ltd.

Appellant

Its Workmen and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From the Labour Appellate Tribunal (calcutta) Decision

Legal Issues

  1. 1 Whether the dismissal and termination of services of the 64 workmen was justified under the Industrial Disputes Act, 1947.
  2. 2 Whether proper notice was served upon workmen Nos. 2 to 24.
  3. 3 Whether a second enquiry was barred by res judicata due to previous findings under section 33 of the Industrial Disputes Act, 1947.

Ratio Decidendi

When the management conducts a bona fide enquiry following the standing orders and natural justice, and there is evidence supporting the charges, judicial authorities cannot sit in appeal over the management's decision except where there is mala fide, caprice, discrimination or breach of natural justice. Orders allowing reinstatement and compensation by the Appellate Tribunal and Industrial Tribunal for workmen Nos. 2 to 24 and 25 to 48 were set aside, as service of notice was properly effected and the second enquiry was not barred by res judicata.

Court Disposition

Appeal allowed.

Orders

  • Decision of the Labour Appellate Tribunal set aside as to all workmen.
  • Award of the Industrial Tribunal set aside as to workmen Nos. 2 to 24.