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february 2008

Supreme Court of India · 2008-02-12

M/S INDIAN REFRIGERATION INDUSTRIES vs RAM RATTAN SHARMA

Citation / case number
SC 2006/8967
Court
Supreme Court of India
Petitioner
M/S INDIAN REFRIGERATION INDUSTRIES
Respondent
RAM RATTAN SHARMA
Bench
ASHOK BHAN & DALVEER BHANDARI

Judgment text excerpt

The Supreme Court upheld the Industrial Tribunal's award reinstating the respondent-workman, finding the domestic enquiry vitiated due to bias, as the enquiry officer was also the standing counsel for the management. The Court emphasized that the management failed to request an opportunity to lead evidence to justify the termination, which was a critical oversight. The judgment clarified that the facts of this case were materially different from the precedent cited by the management, thus affirming the Tribunal's decision without allowing the management to present further evidence.

M/S INDIAN REFRIGERATION INDUSTRIES vs RAM RATTAN SHARMA · Niyam