Labour Law

Domestic enquiry

— Natural justice — Bias — Enquiry officer — Conducting of the enquiry by an officer of the management, held, not ipso facto vitiative of the enquiry — Union's contention that the said circumstance affected the fairness of the enquiry, rejected, (2006) 5 SCC 201-A

Labour Law

Domestic enquiry

— Natural justice — Bias — Enquiry officer — Enquiry officer whether on facts biased — Determination of — Bias against enquiry officer, held, must be specifically pleaded and proved before the adjudicator — Raising of such plea in the present case for the first time before Supreme Court deprecated — Where the findings of the enquiry officer were based on evidence and were not perverse, the mere fact that the enquiry was conducted by an officer of the management and that he had made some observations in the enquiry report which were not warranted, held, was not vitiative of the enquiry, (2006) 5 SCC 201-B

Labour Law

Domestic enquiry

— Functions of punishing authority — Punishment — Scope of interference with, by Labour Court — Where punishment other than dismissal or discharge (in this case reversion) was inflicted after a properly conducted enquiry in which there was no violation of principles of natural justice and the findings were not perverse, held, the Labour Court could not reappraise the evidence to examine the propriety of the quantum of punishment, (2006) 5 SCC 201-C

Labour Law

Industrial Disputes Act, 1947

— S. 11-A — Applicability — Held, applicable only in case of dismissal or discharge of a workman, (2006) 5 SCC 201-D