Domestic enquiry standards under industrial law: approval could not be refused on criminal-trial proof requirements and non-examination of passengers.

Under Section 33(2)(b) of the Industrial Disputes Act, approval could not be refused merely because passengers were not examined or because the misconduct was tested as if in a criminal trial. The Tribunal's role was confined to seeing whether a prima facie case existed and whether the domestic enquiry suffered from perversity or breach of natural justice. In domestic enquiries, strict Evidence Act rules do not apply and proof is assessed on preponderance of probabilities. Circumstantial and documentary material, including the severity of the accident and res ipsa loquitur, supported the inference of rash and negligent driving, so the refusal of approval was unsustainable.

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Issues: Whether approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 could be refused on the ground that the domestic enquiry was vitiated for non-examination of passengers and on the premise that the misconduct was not proved to the standard applicable in a criminal trial.

Analysis: In proceedings under Section 33(2)(b), the Industrial Tribunal's jurisdiction is limited to examining whether a prima facie case exists and whether the domestic enquiry is vitiated by perversity or breach of natural justice. In a domestic enquiry, strict rules of the Evidence Act do not apply, and proof is governed by preponderance of probabilities, not proof beyond reasonable doubt. In an accident case, the surrounding circumstances and the doctrine of res ipsa loquitur may justify an inference of rash and negligent driving. The Tribunal and the High Court erred in treating examination of passengers as mandatory, and in ignoring the circumstantial and documentary material showing the manner and severity of the accident.

Conclusion: The refusal of approval was unsustainable. The disciplinary enquiry was not vitiated on the grounds relied upon, and the findings of the Tribunal and the High Court were set aside.

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