THE DUNLOP RUBBER CO. versus WORKMEN

THE DUNLOP RUBBER CO. versus WORKMEN

The dismissal was justified as the workmen were charged under clauses of the Standing Orders that encompassed 'go slow', which was substantiated by evidence. Denial of representation by a person from an unrecognised union did not amount to a denial of natural justice as only representatives of registered and...

Source-derived case information.

Parties
Appellant: The Dunlop Rubber Co. Ltd.; Respondent: Workmen
Jurisdiction
India
Judgment Date
10 November 1964
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Award Dated September 29, 1962 of the Third Industrial Tribunal, West Bengal
Outcome
Appeal allowed. Tribunal order vacated. Company order of dismissal restored.
Legal Topics
Domestic Enquiry, Dismissal for Go Slow, Natural Justice, Trade Union Recognition, Industrial Dispute, Standing Orders
Labour Law Industrial Law Domestic Enquiry Dismissal for Go Slow Natural Justice Trade Union Recognition Industrial Dispute Standing Orders

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Parties

The Dunlop Rubber Co. Ltd.

Appellant

Workmen

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Award Dated September 29, 1962 of the Third Industrial Tribunal, West Bengal

Legal Issues

  1. 1 Whether the workmen were dismissed for a 'go slow' charge expressly stated in the domestic enquiry.
  2. 2 Whether denial of representation by a member of an unrecognised union vitiated the enquiry and amounted to denial of natural justice.

Ratio Decidendi

The dismissal was justified as the workmen were charged under clauses of the Standing Orders that encompassed 'go slow', which was substantiated by evidence. Denial of representation by a person from an unrecognised union did not amount to a denial of natural justice as only representatives of registered and recognised unions were allowed under the Standing Orders.

Court Disposition

Appeal allowed. Tribunal order vacated. Company order of dismissal restored.

Orders

  • Order of the Tribunal set aside.
  • Dismissal of workmen restored.