AIR 1976 SUPREME COURT 98 ::1976 LAB. I. C. 4 ::32 FacLR 72 ::1976 (1) SCC 518 ::17 GujLR 188 ::49 FJR 332 ::1976 (1) LabLN 10 ::1976 2 SCR 280 ::ILR 1976 Kant 1033

Supreme Court Of India

(From:Gujarat)*

Hon'ble Judge(s): A. Alagiriswami, P. K. Goswami, N. L. Untwalia , JJJ

Industrial Disputes Act (14 of 1947) , S.33— Power of Tribunal to interfere with order of dismissal as passed in domestic enquiry - Victimisation - What is - Pleading and proof - Manifest error of law on part of Tribunal in concluding that management was guilty of victimisation - Dismissal of writ application by company in limine - Held, to be not correct S.C.A. No. 1404 of 1974,D/- 25-11-1974 ( Guj.) Reversed. Constitution of India , Art.226— Where there is no defect in procedure in a domestic enquiry against an employee, the Tribunal, while granting or withholding permission under Section 33 does not sit as a court of appeal, weighing or reappreciating the evidence for itself but only examines the finding of the enquiry officer on the evidence in the domestic enquiry as it is, in order to find out either whether there is a prima facie case or if the findings are perverse. Extent of Power of Tribuna1 to interfere with order of dismissal as passed in domestic enquiry indicated.(Para 3 2 1) In the same case i.e. where there is no failure of the principles of natural @page-SC99 justice in the course of domestic enquiry, if the tribunal finds that dismissal of an employee is by way of victimisation or unfair labour practice, it will have complet....