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1 - 3 of 3 (0.23 seconds)The Industrial Disputes Act, 1947
The State Of Uttar Pradesh vs Mohammad Nooh on 30 September, 1957
It was at last I decided that he should be a witness. While going through the evidence and perusing the records I decided that the General Manager should depose as a witness". Quite apart from the incongruity, therefore, of the person who was at the initial stage presiding over the enquiry stepping into the witness-box at the later stage, we have here the serious position that Ramanatha Babu who was clearly in charge of the prosecution and was active in securing proper evidence to establish the charges, took over the inquiry and gave the decision in the case. It is true, as stressed by the learned Attorney-General that the ultimate decision was not by the General Manager, and so inform, what happened here is different from what happened in State of Uttar Pradesh v. Muhammad Nooh, where the District Superintendent of Police, presided over the enquiry except when he himself was examined as a witness, and also gave the decision, in an inquiry against a police constable. In substance, however, there is hardly any difference. One can see that in the facts of this case the General Manager and Ramanatha Babu formed practically one entity, with two bodies. At one stage, the first acts as a judge; at a later stage, he steps down as a witness; and the second becomes a judge. There is the further fact here that the person who gave the actual decision had actively been procuring the evidence, with the avowed motive of securing a conclusion against the workman. These being the facts, the manner in which the inquiry was conducted in this case can hardly be said to have insured fairplay which rules of natural justice require. The conclusion of the High Court that no proper enquiry had been held in the present case, and so the Labour Court was justified in considering on the evidence whether the workman was guilty of any of the charges is, therefore, correct.
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