1967 (8) TMI 133

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.... the Government of Andhra Pradesh on February 7, 1964. The following are the circumstances leading up to it. 2. Subramaniam was a van driver with the Firestone Tyre & Rubber Co. from 1953. One of his duties as a van driver was the transportation for delivery of the products of the Company. On May 28, 1963, Subramaniam set out to deliver tyres covered by six invoices to diverse addresses. Two of the invoices (nos. 13815 and 13816) were concerned with eight tyres (4 tyres per invoice) of the specification 8.25 x 20 Tran. H.D.Nyl. 12-PR. Subramaniam took delivery of the tyres and signed the six invoices. After locking the tyres in his van with a key which he claims never left his possession, he set out with one M. V. Das (packer/scooter dri....

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....m. He asked Subramaniam to show cause, if any, against this decision. Subramaniam showed cause but the Manager ordered his dismissal. 5. The Tyre and Rubber Company's Employees Union having raised a dispute the matter was referred to the Tribunal :  "(a) whether the dismissal of Shri K. Subramaniam, van Driver by the employers of Firestone, Tyre & Rubber Co. (P) Ltd. Hyderabad is justified ?  (b) If not, to what relief is he entitled ?" 5. Before the Tribunal the Union contended that the enquiry was opposed to the principles of natural justice and the conclusion was perverse. The Tribunal held that the enquiry was not held properly and the conclusion arrived at the domestic enquiry was perverse. The Tri....

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....which compels such a course. The calling for an explanation can only be with a view to making an enquiry unnecessary, where the explanation is good but in many cases it would be open to the criticism that the defence of the workman was being fished out. If after a preliminary enquiry there is prima facie reason to think that the workman was at fault, a charge sheet setting out the details of the allegations and the likely evidence may be issued without offending against any principle of justice and fairplay. This is what was done here and we do not think that there was any disadvantage to the workman. The management has pointed out that even on facts the view is not correct. They have referred to the workman's letter dated May 30, 1963 ....

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....ull chance to explain, after apprising him in detail of the findings tentatively reached. The evidence of Das was not dealt with in detail but as Das was not concerned with the loading operation and his evidence was not apparently accepted that Subramaniam had not removed the tyres. Das was apparently taken to support Subramaniam's claim that the tyres were not loaded at all, a conclusion not reached by the management on evidence. 11. This leaves over the contention that before examining the witnesses Subramaniam was subjected to a cross-examination. This was said to offend the principles of natural justice and reliance was place on Tata Oil Mills Company Ltd., v. Its Workmen and Anr. [1963] 2 L.L.J. 78, Sur Enamel & Stamping Works L....

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....y may be said to be vitiated. It must, however, be emphasised that in all cases in which the facts in controversy are disputed the procedure ordinarily to be followed is the one laid down by his Court in the cited cases. The procedure of examining the delinquent first may be adopted in a clear case only. As illustration we may mention one such case which was recently before us. There a bank clerk had allowed overdrafts to customers much beyond the limits sanctioned by the bank. The clerk had no authority to do so. Before the enquiry commenced he admitted his fault and asked to be excused. He was questioned first to find out if there were any extenuating circumstances before the formal evidence was led to complete the picture of his guilt. W....

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....e tyres were then called and were examined searchingly by the Presiding Officer and cross-examined by Subramaniam. No doubt some of the questions appeared to be leading but they were respecting the matter of record and too much legalism cannot be expected from a domestic enquiry of this character. The officer asked Subramaniam again and again whether he was defending himself properly or not and Subramaniam always expressed his satisfaction. 14. In these circumstances, we do not see how the enquiry can be said to have offended any principle of natural justice at all. The Tribunal mechanically applied the dicta of this Court without noticing that the facts here were entirely different from those in the cited cases and the observations cove....