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1 - 8 of 8 (0.23 seconds)Workmen Of Messrs Firestone Tyre ... vs Management & Others (With Connected ... on 6 March, 1973
Delhi Cloth General Mill Co. Ltd. Vs. Ludh Budh Singh (1972
(1) LLJ 180 (SC>) and Firestone Tyre Co.s Case (supra). The
stage at which the employer should ask for permission to c
additional evidence to justify the disciplinary action on
merits was indicated by this Court in Delhi Cloth and
General Mill's case (supra).
Shankar Chakravarti vs Britannia Biscuit Co.Ltd. & Anr on 4 May, 1979
The view expressed in Delhi Cloth Mill's case
(supra) that before the proceedings are closed, an
opportunity to adduce evidence would be given if a suitable
request for such opportunity is made by the employer to the
Tribunal, has been reiterated in Sankar Chakrabarty's case
after observing that on the question as to the stage as to
when leave to adduce further evidence is to be sought for,
the decision of this Court in Cooper Engineering Ltd. has
not overruled the decision of this Court in Delhi Cloth
Mill's case. There is no dispute in the present case that
before the closure of the proceedings before the Tribunal,
payer was made by the employer to lead evidence in support
of the impugned order of dismissal. Hence, denial of the
opportunity to the employer to lead evidence before the
Tribunal in support of the order of dismissal cannot be
justified.
Workmen Of Motipur Sugar Factory ... vs Motipur Sugar Factory on 30 March, 1965
In this
connection, reference may be made to the decisions of this
Court in Workmen of Motipur Sugar Factory (P) Ltd. Vs.
Motipur Sugar Factory (P) Ltd. (1965 (II) LLJ 162 (SC>).
State Bank Of India vs R. K. Jain & Ors on 17 September, 1971
State Bank of India Vs. R.K.Jain (1971 (III) LLJ 599 (SC>).
Delhi Cloth & General Mills Co vs Ludh Budh Singh on 11 January, 1972
The view expressed in Delhi Cloth Mill's case
(supra) that before the proceedings are closed, an
opportunity to adduce evidence would be given if a suitable
request for such opportunity is made by the employer to the
Tribunal, has been reiterated in Sankar Chakrabarty's case
after observing that on the question as to the stage as to
when leave to adduce further evidence is to be sought for,
the decision of this Court in Cooper Engineering Ltd. has
not overruled the decision of this Court in Delhi Cloth
Mill's case. There is no dispute in the present case that
before the closure of the proceedings before the Tribunal,
payer was made by the employer to lead evidence in support
of the impugned order of dismissal. Hence, denial of the
opportunity to the employer to lead evidence before the
Tribunal in support of the order of dismissal cannot be
justified.
Management Of Ritz Theatre (P) Ltd vs Its Workmen on 27 July, 1962
Mr. Pai, the learned senior counsel appearing for the
appellant has submitted before us that such permission has
been refused by the Tribunal by indicating that although the
enquiry was properly held, the finding in such enquiry was
perverse and in such circumstances, no opportunity to lead
evidences should be given. Such view according to Mr. Pai is
not justified inasmuch as it has been held in Management of
Ritz Theatre (P) Ltd. Vs. Its Workmen (1963 (3) SCR 461)
that even when finding is perverse (see page 468) the whole
issue is at large before the Tribunal and it would be
entitled to deal with the merits of the dispute itself, when
it would be open to the employer to adduce additional
evidence. Mr.Phadnis, learned senior counsel appearing for
the respondents, contends that was the position in law
before insertion of Section 11 A in the Industrial Disputes
Act, but this section has altered the position.
The Industrial Disputes Act, 1947
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