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may 1959

Supreme Court of India · 1959-05-06

PHULBARI TEA ESTATE vs ITS WORKMEN

Citation / case number
SC 1958/96
Court
Supreme Court of India
Petitioner
PHULBARI TEA ESTATE
Respondent
ITS WORKMEN
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that the question of the competency of the Tribunal under Section 7 of the Industrial Disputes Act, 1947, must be raised before the Tribunal itself and cannot be introduced for the first time in the Supreme Court. The Court emphasized the principle of natural justice, stating that a party must have the opportunity to question witnesses and be informed of the evidence against them. The Court further ruled that procedural defects in the enquiry could be cured if all relevant evidence was presented before the Tribunal, allowing for cross-examination and a merits-based decision.

PHULBARI TEA ESTATE vs ITS WORKMEN · Niyam