Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947: s.33(2)(b) - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947: s.33(2)(b) -— Scope of jurisdiction of Joint Conunissioner — Respondent employed as a driver by appellant caused fatal accident ~ Enquiry Officer found him guilty — Disciplinary authority passed an order of dismissal — Appellant filed an application (approval petition) u/s.33(2)(b) of the Act, before Joint Commissioner — Joint Commissioner held enquiry officer’s report perverse, refused to accord approval for dismissal of respondent ~ High Court upheld the decision of Joint Connnissioner — On appeal, held ~ The Commissioner exceeded his jurisdiction in reappreciating the evidence adduced before the enquiry officer and in substituting his own judgment to that of Disciplinary authority — It was not a case of no legal evidence produced during the enquiry by the department, in relation to the charges framed against the respondent — Considering the fact that there was adequate material produced in the Departmental enquiry evidencing that fatal accident was caused by the respondent while driving the vehicle on duty, the burden to prove that accident occurred due to some other cause than his own negligence was on respondent — Doctrine of res ipsa loquitur squarely applies to the facts of the case—Application u/s. 33(2)(b) allowed. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2016 INSC 848 |
Petitioner | The Management Of Tnstc (coimbatore) Ltd. |
Respondent | M.chandrasekaran |
SCR | [2016] 4 S.C.R. 266 |
Judgement Date | 2016-09-02 |
Case Number | 6765-6766 |
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