1999 (4) TMI 622

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....the sale of medicines manufactured and marketed by the appellant. One of the duties of the respondent was to submit a daily report of the visits made by him specifying the persons visited and the samples or promotional materials distributed by him. In the daily report of 31st of August, 1989, the respondent indicated that he had visited one Dr. K.R. Singla at Ropar. He also indicated in his daily report that he had visited M/s Singla Medicos, Ropar to whom he distributed various samples of the appellant's products. It was later discovered by the appellant that Dr. Singla had already died on 7th of August, 1989, having been killed by the terrorists and that M/s Singla Medicos at Ropar had been closed from 08.08.1989 onwards. Rule 14 of....

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....sdiction. The preliminary objection raised by the appellant was accepted by the Labour Court which, by its Award dated 02.05.1995, held that the respondent was not a "workman" and consequently dismissed the reference. The respondent challenged this Award before the Punjab & Haryana High Court and by its judgment dated 12.08.1996, the High Court set aside the Award and remanded the case back to the Labour Court for deciding the matter afresh. On 22.12.1997, the Labour Court decided another preliminary issue which was to the effect "whether a fair and proper enquiry was held" and it was held that fair and proper enquiry was not held and the termination order passed by the appellant was wholly illegal and void as it was found by the Labour Cou....

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.... The relevant Service Rules are quoted below:- "16. a) The Representative against whom an enquiry has to be held shall be given a charge-sheet, clearly setting forth the circumstances appearing against him and requiring explanation. He shall be given an opportunity to answer the charge and be permitted to be defended by a co- Representative of his choice. Except for reasons to be recorded in writing by an Officer holding the enquiry, the Representative shall be permitted to produce witnesses in his defence and to cross-examine witnesses on whose evidence the charge rests. A concise summary of the evidence produced by either side and the Representative's plea shall be recorded. b) A Representative against whom action is proposed to b....

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....SC 914 = 1960 (3) SCR 407, it was held that a workman against whom a departmental enquiry is held by the Management has no right to be represented at such enquiry by an outsider, not even by a representative of his Union though the Management may in its discretion allow the employee to avail of such assistance. So also in Dunlop Rubber Company vs. Workmen, 1965 (2) SCR 139 = AIR 1965 SC 1392 = 1965 (1) LLJ 426, it was laid down that an employee has no right to be represented in the disciplinary proceedings by another person unless the Service Rules specifically provided for the same. A Three-Judge Bench of this Court in Crescent Dyes and Chemicals Ltd. vs. Ram Naresh Tripathi, (1993) 2 SCC 115 = 1992 Suppl. (3) SCR 559, laid down that th....