MCKENZIE & CO. LTD. vs ITS WORKMEN AND OTHERS

The Supreme Court held that under Section 33 of the Industrial Disputes Act, 1947, the management has the authority to determine what constitutes major misconduct warranting dismissal, provided it acts in good faith and follows natural justice principles. The Court found that the Labour Appellate Tribunal erred in setting aside the termination order based solely on the works manager's testimony, emphasizing that the management's decision should not be questioned if made without caprice or discrimination. The Court upheld the company's dismissal of the workmen, affirming the Tribunal's jurisdiction to review such decisions.