Case Note & Summary
The petitioner, Hindustan Unilever Limited, challenged an order dated 24/10/2017 passed by the Industrial Court, Akola, in a complaint filed by respondent No.1, an employee. The Industrial Court partly allowed the employee's application for stay, directing that the enquiry proceedings initiated by the company shall remain stayed during the pendency of the complaint, but granted liberty to the company to proceed with the enquiry upon allowing the employee to engage a lawyer as defence representative. The core issue was whether the employee was entitled to engage a lawyer in the domestic enquiry. The High Court noted that the employee had been issued a chargesheet on 26/04/2017 and an enquiry officer was appointed. The employee sought to engage a lawyer, but the company refused, citing the Model Standing Orders which do not provide for legal representation. The Industrial Court held that since the enquiry officer was a legally trained person, the employee should be allowed a lawyer. The High Court, after considering the submissions, held that the enquiry officer has discretion to allow legal representation if the employer's representative is legally trained. The Court modified the Industrial Court's order, directing that the enquiry shall not be stayed, but the employee may engage a lawyer as defence representative. The writ petition was partly allowed.
Headnote
A) Industrial Law - Domestic Enquiry - Right to Legal Representation - Model Standing Orders - Industrial Employment (Standing Orders) Act, 1946 - The issue was whether an employee can engage a lawyer in a domestic enquiry when the employer is represented by a legally trained person. The Court held that the enquiry officer has discretion to allow legal representation if the employer's representative is legally trained, and the Industrial Court's order staying the enquiry was modified to allow the enquiry to proceed with the employee's right to engage a lawyer. (Paras 3-15) B) Industrial Law - Industrial Court - Interim Relief - Stay of Enquiry - Section 30 of the Industrial Disputes Act, 1947 - The Industrial Court partly allowed the employee's application for stay of the domestic enquiry. The High Court modified the order, directing that the enquiry shall not be stayed but the employee may engage a lawyer as defence representative. (Paras 3, 15)
Issue of Consideration
Whether an employee facing a domestic enquiry is entitled to engage a lawyer as defence representative when the employer is represented by a legally trained person, and whether the Industrial Court can stay the enquiry pending complaint.
Final Decision
The writ petition is partly allowed. The order of the Industrial Court is modified to the extent that the enquiry shall not be stayed, but the employee is permitted to engage a lawyer as his defence representative in the enquiry proceedings.
Law Points
- Right to legal representation in domestic enquiry
- Model Standing Orders
- Industrial Employment (Standing Orders) Act
- 1946
- Section 30 of the Industrial Disputes Act
- 1947
- Natural justice
- Enquiry officer's discretion
