Domestic enquiry fairness: no right to counsel or outsider representation where defence opportunity was otherwise full and fair.

A domestic enquiry is not unfair merely because a workman is denied representation by counsel or an outsider, where the enquiry otherwise gives a full and fair opportunity to defend and is properly conducted ex parte after the workmen withdraw. The governing principle is that a workman has no right to demand representation by a union representative, much less by counsel or an outsider, although the employer may permit it. On these facts, the enquiry was not vitiated by denial of such representation, and refusal of permission under Section 33 of the Industrial Disputes Act, 1947 was unjustified; permission to dismiss the two workmen ought to have been granted.

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Issues: Whether refusal to permit representation by counsel or by an outsider at the domestic enquiry rendered the enquiry unfair so as to justify refusal of permission under Section 33 of the Industrial Disputes Act, 1947.

Analysis: The enquiry had to be examined only for fairness and whether the workmen were given a full and free opportunity to defend themselves. The governing principle, as already settled, was that a workman had no right to demand representation by a union representative, much less by counsel or an outsider, though the employer could permit it. After the workmen withdrew, the enquiry officer proceeded ex parte, examined witnesses, and recorded findings on the charges. On these facts, the refusal to allow counsel or an outsider did not invalidate the enquiry or show denial of natural justice.

Conclusion: The refusal of permission under Section 33 was unjustified and the permission to dismiss the two workmen ought to have been granted.

Ratio Decidendi: A domestic enquiry is not rendered unfair merely because the workman is not allowed representation by counsel or an outsider, if the enquiry otherwise affords a full and fair opportunity to defend and is properly conducted ex parte after withdrawal.

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