M/S. BHARAT SUGAR MILLS LTD. vs SHRI JAI SINGH AND OTHERS

The Supreme Court held that under Section 33 of the Industrial Disputes Act, 1947, when a domestic enquiry is found improper, the Tribunal must independently assess evidence to determine misconduct. The Tribunal found that 13 out of 20 workmen were guilty of deliberate 'go slow' practices, which constituted serious misconduct justifying dismissal. The Court ruled that delays in the domestic enquiry and application for dismissal did not indicate mala fides or victimization by the management, thus overturning the Tribunal's refusal to permit dismissal of the 13 workmen.