Case Note & Summary
The petitioner, Ajit Bhagwan Sawant, a workman employed by M/s. Parveen Industries Pvt. Ltd., was subjected to a domestic inquiry by the employer. The workman sought permission to be represented by a legal practitioner during the inquiry, but the employer refused. Aggrieved, the workman filed a writ petition before the Bombay High Court challenging the refusal. The court examined the provisions of the Industrial Disputes Act, 1947, particularly Section 11(1) which empowers the court to regulate its own procedure, and Section 36 which deals with representation of parties. The court noted that while Section 36 does not expressly confer a right to legal representation in domestic inquiries, the principles of natural justice require that a workman be allowed to engage a legal practitioner if the employer is represented by a legally trained person or if the complexity of the case warrants it. The court held that the refusal to permit legal representation was arbitrary and violative of natural justice. Consequently, the court allowed the petition, set aside the inquiry proceedings, and directed the employer to permit the workman to be represented by a legal practitioner in the domestic inquiry.
Headnote
A) Industrial Law - Domestic Inquiry - Right to Representation - Section 11(1) of Industrial Disputes Act, 1947 - The issue pertains to the right of a workman to be represented by a legal practitioner in a domestic inquiry. The court held that a workman has a right to be represented by a legal practitioner in a domestic inquiry, and the employer's refusal to permit such representation violates principles of natural justice. (Paras 1-18)
Issue of Consideration
Whether a workman has the right to be represented by a legal practitioner in a domestic inquiry conducted by the employer, and whether the employer's refusal to permit such representation violates principles of natural justice.
Final Decision
The court allowed the petition, set aside the inquiry proceedings, and directed the employer to permit the workman to be represented by a legal practitioner in the domestic inquiry.
Law Points
- Right to representation
- domestic inquiry
- legal practitioner
- Industrial Disputes Act
- 1947
- Section 11(1)
- Section 36
- natural justice
- permission to engage counsel
