Fair enquiry and bona fide management test govern permission to discharge a workman under industrial law.

In proceedings for permission to discharge a workman under Section 33 of the Industrial Disputes Act, the Tribunal must examine whether a fair enquiry was held, the management acted bona fide, and the materials could lead a reasonable person to infer misconduct; it is not to reassess the evidence as an appellate body. On the record, the enquiry afforded cross-examination, interpretation in the workman's language, and no shown denial of defence evidence, so there was no violation of natural justice, victimisation, or mala fides. The Tribunal therefore applied the wrong test in refusing permission, though the proposed discharge was ultimately not enforced because the appellant undertook not to act on it.

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Issues: (i) Whether the Industrial Tribunal applied the correct test while considering permission to discharge a workman under Section 33 of the Industrial Disputes Act. (ii) Whether the management enquiry was vitiated by violation of the principles of natural justice or lack of bona fides.

Issue (i): Whether the Industrial Tribunal applied the correct test while considering permission to discharge a workman under Section 33 of the Industrial Disputes Act.

Analysis: The governing test is whether a fair enquiry was held, whether the management acted bona fide, and whether the materials before it were such that a reasonable person could reach the conclusion of misconduct. The Tribunal was not required to decide whether the management's view was the correct one or to reassess the evidence as an appellate body. It had to determine only whether a prima facie case existed on the enquiry record.

Conclusion: The Tribunal applied the wrong standard and erred in refusing permission.

Issue (ii): Whether the management enquiry was vitiated by violation of the principles of natural justice or lack of bona fides.

Analysis: The record showed that the workman was given opportunity to cross-examine witnesses, the evidence was interpreted in his language, and he was repeatedly asked whether any witness bore ill will against him. No complaint of denial of opportunity to lead evidence was established. On the materials, there was no basis to infer victimisation or absence of bona fides.

Conclusion: There was no violation of natural justice and no proof of victimisation or mala fides.

Final Conclusion: The challenge to the Tribunal's refusal succeeded on merits, but the appeals were ultimately disposed of without grant of the requested permission because the appellant undertook not to enforce the proposed discharge.

Ratio Decidendi: In proceedings for permission to discharge a workman, the Tribunal must ask whether the enquiry was fair, the management acted bona fide, and the evidence was such that a reasonable person could reach the conclusion of misconduct; it must not substitute its own view on the correctness of that conclusion.

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