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march 1960

Supreme Court of India · 1960-03-25

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

Citation / case number
SC 1960/37
Court
Supreme Court of India
Petitioner
KALINDI & OTHERS
Respondent
TATA LOCOMOTIVE & ENGINEERING CO., LTD.
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court ruled that under the Industrial Disputes Act, a workman does not have an inherent right to be represented by a union representative during an inquiry into misconduct, although the employer may permit such representation at their discretion. The Court emphasized that inquiries typically involve straightforward factual determinations, which the workman is best positioned to address personally. The appeal by the dismissed workmen was dismissed, affirming the validity of the inquiry conducted by the management without union representation.

KALINDI & OTHERS vs TATA LOCOMOTIVE & ENGINEERING CO., LTD. · Niyam