AIR 1960 SUPREME COURT 1352 ::1960 2 LabLJ 39 ::1960-61 18 FJR 93

Supreme Court Of India

(From Industrial Tribunal - Bangalore)*

Hon'ble Judge(s): K. Subba Rao, K. C. Das Gupta , JJ

Industrial Disputes Act (14 of 1947) , S.33— Permission for discharge of worker - Principles to be followed by Tribunal in granting permission - Prima facie case does not mean case proved to the hilt. In deciding whether the permission to award the proposed punishment of discharge should be granted or not, it becomes the duty of the Tribunal to see whether in holding the inquiry against the worker the Management had been guilty of any unfair labour practice or victimization, whether principles of natural justice were observed and ultimately whether a prima facie case was made out on the evidence taken in the enquiry and the Management was acting bona fide. A prima facie case does not mean a case proved to the hilt but a case which can be said to be established if the evidence which is led in support of the same were believed. In every case it would be proper for the Tribunal to address itself to the question, after ascertaining that the principles of natural justice have not been violated, whether on the materials on which the Management has reached a conclusion adverse to the workman, a reasonable person could reach such a conclusion. The Tribunal is not called upon to decide whether in its opinion the evidence given by the witnesses was true but only whether when the Manager stated that he considered this evidence credible, he had acted like a reasonable p....