SHANKAR CHAKRAVARTI versus BRITANNIA BISCUIT CO. LTD. & ANR.
A quasi-judicial tribunal such as the Industrial Tribunal is not required by law or procedural fairness to advise parties of their rights or to offer an opportunity to adduce evidence unless specifically sought by proper pleading or request. The failure to offer such an unsolicited opportunity does not vitiate the proceedings.
- Parties
- Appellant: Sankar Chakraveri; Respondent: Britannia Biscuit Co. Ltd.; Respondent: Anr.
- Jurisdiction
- India
- Judgment Date
- 04 May 1979
- Procedural Posture
- Appeal by Special Leave / Supreme Court Decision
- Outcome
- Appeal allowed
- Legal Topics
- Industrial Disputes, Domestic Enquiry, Principles of Natural Justice, Quasi Judicial Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Sankar Chakraveri
Appellant
Britannia Biscuit Co. Ltd.
Respondent
Anr.
Respondent
Procedural Posture
Appeal by Special Leave / Supreme Court Decision
Legal Issues
- 1 Whether the Industrial Tribunal is obligated to give the employer an opportunity to adduce further evidence to prove charges after the domestic enquiry is found defective, irrespective of whether such opportunity was sought.
Ratio Decidendi
A quasi-judicial tribunal such as the Industrial Tribunal is not required by law or procedural fairness to advise parties of their rights or to offer an opportunity to adduce evidence unless specifically sought by proper pleading or request. The failure to offer such an unsolicited opportunity does not vitiate the proceedings.
Court Disposition
Appeal allowed
Orders
- Judgment of Calcutta High Court set aside
- Award of Industrial Tribunal restored
Full Case Text
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