WORKMEN OF HINDUSTAN STEEL LIMITED Vs. HINDUSTAN STEEL LIMITED

JUDGEMENT

(1.) In exercise of the power conferred by sec. 10 of the Industrial Disputes Act, 1947, the Government of the State of West Bengal as an appropriate Government referred the following dispute to the Ninth Industrial Tribunal, West Bengal for adjudication. The reference reads as under:

(2.) Hindustan Steel Ltd. ('Employer' for short) dismissed Manas Kumar Mukherjee ('Workman' for short) without holding any inquiry and without giving any opportunity to the workman to question or correct the allegation of misconduct levelled against him and in violation of principles of natural justice. The employer tried to sustain its action by invoking its powers under Standing Order 32 of the certified, Standing Orders of the Hindustan Steel Ltd. S. O. 32 reads as under:

(3.) The Tribunal field that as the employer dispensed with the disciplinary enquiry in exercise of the power conferred by S. O. 32, it cannot be said that dismissal from service was not justified. The Tribunal observed that even if there were allegations of misconduct, the employer was quite competent to pass an order of removal from service without holding any enquiry in view of the provision contained in S. O. 32. The Tribunal concluded that (though) the employer accused the workman of committing misconduct and proceeded to pass the order of removal from service without holding any enquiry into the allegations of misconduct it cannot be said to be a colourable exercise of power and the workman would nor be entitled to any relief. The Tribunal accordingly rejected the reference, Hence this appeal by special leave.