KALINDI & OTHERS versus TATA LOCOMOTIVE & ENGINEERING CO., LTD.

KALINDI & OTHERS versus TATA LOCOMOTIVE & ENGINEERING CO., LTD.

A workman has no right to be represented by a union representative at a management's enquiry into misconduct; the employer may permit such representation at their discretion, but natural justice does not demand it.

Parties
Appellants: Kalindi & Others; Respondent: Tata Locomotive & Engineering Co., Ltd.
Jurisdiction
India
Judgment Date
25 March 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave From Labour Court Award
Outcome
Appeal dismissed
Legal Topics
Domestic Enquiry, Natural Justice, Union Representation, Dismissal of Workmen, Fair Enquiry
Labour Law Industrial Disputes Domestic Enquiry Natural Justice Union Representation Dismissal of Workmen Fair Enquiry

Case Brief

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Parties

Kalindi & Others

Appellants

Tata Locomotive & Engineering Co., Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Labour Court Award

Legal Issues

  1. 1 Is a workman entitled to union representation during a management enquiry into misconduct?
  2. 2 Does mentioning misconduct not in the charge-sheet invalidate a dismissal order?

Ratio Decidendi

A workman has no right to be represented by a union representative at a management's enquiry into misconduct; the employer may permit such representation at their discretion, but natural justice does not demand it.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs