LexPHULBARI TEA ESTATE versus ITS WORKMEN
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I959 May6. 32 SUPREME COUI~T REPORTS [1960(1)] PHULBARI TEA ESTATE v. ITS WORKMEN (B. P. SINHA, P. B. GAJENDRAGADKAR and K. N. w ANCHOO, JJ.) Industrial Dispute-Tribunal-Question of competency-When can be raised-Dismissal of u1orkmen on enqu£ry-Rule of natural justice-Defect in procedure, if curable -Industrial Disputes Act (I4 of r947), s. 7. Two workmen Das and another were arrested by the police on the complaint of the appellant company for an alleged theft. The manager held an enquiry and dismissed Das from service for gross misconduct. At the enquiry, Das stated that he had nothing to say and knew nothing about the theft. Certain persons whose statements had been recorded by the manager at the investigation stage in the absence of Das, were present at the said enquiry. Das was told to ask those persons what they had to say, though he was neither supplied with the copies of the statements made by them nor the statements were read over to him at the time of the enquiry. Das replied that he would not put any questions to them. Thereupon these witnesses were asked whether the evid- ence they had given before the manager was correct, and if not, they were at liberty to amend it, to which they replied that the evidence they had given was correct. Some time later, the Magistrate on the final report of the police discharged Das. Thereafter the Union had the matter referred to the Tribunal. Before the Tribunal the company pro- duced only the statements of the witnesses but did not produce the witnesses themselves. The Tribunal found in favour of the workman. The co1npany came up in appeal by special leave to the Supreme Court, where, for the first time it raised the ques- tion of the qualification and competency of the one member Tribunal under s. 7 of the Act. Held, that the question whether the Tribunal was a compe- tent one under s. 7 of the Industrial Disputes Act, 1947, prior to the amending Act 36 of 1956, must be raised before the Tribunal itself as it was a matter of investigation and could not be raised for the first time before the Supreme Court. Held further, that the basic principle of natural justice in an enquiry was that the opponent must be given the opportunity of questjoning the witnesses after knowing in full what they had to state against him. The witnesses on whom the party relied should generally be examined in the presence of the opponent and he must also be informed about the material sought to be used against him, and given an opportunity to explain it. . ' ... - S.C.R. SUPREME COURT REPORT8 33 Union of India v. T. R. Varma r1958l S.C.R. 499, followed. x959 New Prakash Transport Co. Ltd. ,.. ).'cir- S1110arna Transport Phulbari Tea Estate Co. Ltd. [1957] S.C.R. 98. referred to. v. Held, further, that if there was defect in the conduct of thC' Its Workn,.n enquiry by the employer it could be cured if all the relevant evidence including the witnesses who were not examined in the presence of the workman were produced before the Tribunal. thereby giving the party an opportunity to cross-examine them, and leaving it to the Tribnnal to consider tlw evidence and decide the case on merits. M/s. Sasa M-usa Sugar Worlls (P) Ltd.''· ShobratiKhan C.As. ~os. 746 & 747 of r957 decided on zg-4-1959, followed. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 205of1958. Appeal by special leave from the judgment and order dated October 23, 1956, of the Industrial Tribu- nal, Assam in Reference No. 16 of 1956. M. 0. 8etalvad, Attorney-General for Indio., S. N . .Zl!ukherjee and B. N. Ghosh, for the appellant. 0. B. A.garwala and K. P. G~tpta., for the respon- dents. 1959. l.\fay 6. The Judgment of the Court was delivered by WANCHOO J.-This is an appeal by special leave in an .industrial matt.er. The appellant is the Phulbari Tea Estate (hereinafter called the company). The case relates to the dismissal of one workman namely, B. N. Das (hereinafter called Das), which had been taken up by the Assam Chah Karmchari Sangh, which is a registered trade union. A reference was made by the Government of Assam on March 8, 1956, to the Industrial Tribunal on the question whether the dis- missal of Das was justified; and if not, whether he was entitled to reinstatement with or without com- pensation or any other relief in lieu thereof. Das was dismissed by the company on March 12, 1955. The charge against him was that on the night of Februa
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