AIR 1975 SUPREME COURT 2125 ::1975 LAB. I. C. 1508 ::1975 4 SCC 731 ::30 FacLR 169 ::1975 (1) LabLJ 391 ::48 FJR 1 ::1976 (1) ServLR 48

Supreme Court Of India

(From : 5th Labour Court - Bombay)*

Hon'ble Judge(s): M. H. Beg, Y. V. Chandrachud, A. C. Gupta , JJJ

(A) Constitution of India , Art.32, Art.226— Domestic enquiry - Cross-examination of witnesses. The Enquiry Officer in a domestic enquiry can put questions to thewitnesses for clarification wherever nesessary and if he allows the witnesses to be cross-examined therafter, the enquiry proceeding cannot be impeached as unfair.(Para 5) (B) Industrial Employment (Standing Orders) Act (20 of 1946) , S.13A, Sch. Item.9— Misconduct of worker - Disciplinary action against worker - Misconduct what amounts to - Interpretation of Standing orders. Industrial Disputes Act (14 of 1947) , Sch.II Item.1, Sch.II Item.2— Industrial Dispute - Misconduct - What amounts toIndustrial Dispute - Standing Orders -Interpretation of. The relevant Standing Order of a factory ran as follows:- "24. The following acts and omissions on the part of a workman shall amount to misconduct :- (1) Commission of any act subversive of discipline or good behaviour within the premises or precincts of the establishment : xx xx xx xx xx xx xx" Assault by operator on chargeman of same factory would be an act subversive of discipline. The fact that the assault was committed outside the factory (in a suburban train ....