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may 1979

Supreme Court of India · 1979-05-04

SHANKAR CHAKRAVARTI vs BRITANNIA BISCUIT CO.LTD. & ANR.

Citation / case number
SC 1978/90283
Court
Supreme Court of India
Petitioner
SHANKAR CHAKRAVARTI
Respondent
BRITANNIA BISCUIT CO.LTD. & ANR.
Bench
DESAI, D.A.

Judgment text excerpt

The Supreme Court held that under Section 33(2)(b) of the Industrial Disputes Act, 1947, there is no obligation for the Industrial Tribunal to allow the employer to present additional evidence after determining that a domestic enquiry was conducted in violation of natural justice. The Court clarified that the Tribunal's role is not to remand the matter for further evidence but to assess the validity of the termination based on the existing record. The appeal by the employer was allowed, and the Tribunal's decision was set aside, affirming that the employer is not entitled to a further opportunity to substantiate charges post-enquiry.

SHANKAR CHAKRAVARTI vs BRITANNIA BISCUIT CO.LTD. & ANR. · Niyam