REGENT COMPUTRONICS PVT. LTD.

TOSHNIWAL BROTHERS PRIVATE LIMITED Appellant

V/S

BIR SINGH Respondents

Referred Judgements :-

TURNER V. MASON [REFERRED]
FISHING AND ICE CO. V. ANSELL [REFERRED]
BENGAL COAL CO. LTD. V. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL [REFERRED]
THE KING V. MINISTER OF HEALTH [REFERRED]
CHIEF INSPECTOR OF MINES V. KARAM CHAND THAPAR [REFERRED]
BROOKE BOND INDIA (P) LTD. V. SUBHA RAMAN [REFERRED]
STATE OF KERALA V. K. M. CHARIA ABDULLA AND CO. [REFERRED]
CHUNILGJ V MEHTA SONS LIMITED ADVOCATE GENERAL FOR THE STATE OF MAHARASHTRA INTERVENER VS. CENTURY SPINNING MANUFACTURING COMPANY LIMITED [REFERRED]
BHUSAWAL BOROUGH MUNICIPALITY VS. AMALGAMATED ELECTRICITY CO LTD [REFERRED]
TATA OIL MILLS COMPANY LIMITED VS. WORKMEN [REFERRED]
MANAGEMENT OF THE NORTHERN RAILWAY CO OPERATIVE CREDIT SOCIETY LIMITED JODHPUR VS. INDUSTRIAL TRIBUNAL RAJASTHAN JAIPUR [REFERRED]
STATE BANK OF INDIA VS. R K JAIN [REFERRED]
DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED VS. LUDH BUDH SINGH [REFERRED]
PREMNATH MOTORS WORKSHOP BRIVATE LIMITED VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL [REFERRED]
SAID UD DIN VS. MAHABIR SINGH [REFERRED]

JUDGEMENT

(1.) The application of the petitioner employer for approval of the dismissal of the respondents employees under section 33(2)(b) of the Industrial Disputes Act, 1947 was rejected by the Additional Industrial Tribunal by the impugned order dated 16-1-1971. The Tribunal held that the disciplinary enquiry which had been held by the Enquiry Officer appointed by the employer into the alleged misconduct of the employees was vitiated on the following grounds, namely:-

(2.) By this writ petition, the employer complains that the impugned order is illegal and further that even assuming that the disciplinary proceedings were vitiated by any contravention of the rules of natural justice, the Tribunal was bound to hold an enquiry itself and give the petitioner an opportunity to adduce evidence therein to make good for any lapses during the disciplinary enquiry.

(3.) In argument, the only ground on which the impugned order was assailed was that it discloses errors of law apparent on the face of the record. Two questions, therefore, arise for decision, namely:-

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TOSHNIWAL BROTHERS PRIVATE LIMITED Vs. BIR SINGH

Referred Judgements :-

JUDGEMENT

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