Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.8255-8256 OF 2016
(Arising out of SLP (C) Nos. 6486-6487 of 2016
KESHAV H. GHOLVE AND ANR. ETC. ……………APPELLANTS
VERSUS
M/S THERMAX LTD. AND ETC. ……………RESPONDENTS
J U D G M E N T
KURIAN, J.
Leave granted
2. The appellants are aggrieved since they are not permitted
to be represented by a lawyer in the domestic enquiry.
3. It is now a settled position that unless management
engages a law man, the delinquent workman is not entitled to
engage a law man.
4. The learned counsel for the appellants apprehends that in
view of the standing orders, he would not be in a position to
JUDGMENT
engage an employee of his own choice and his choice would be
restricted to an employee in the department concerned.
5. The learned senior counsel appearing for respondents
submits that the High Court has taken care of the apprehension
and has made it clear in the impugned order that the appellants
are free to engage any employee of their choice from the
respondent-company or a representative of a trade union
operating in the respondent- management.
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6. Anyhow on the apprehension expressed by the learned
counsel for the appellants, we make it clear that dehors any
restrictions in the standing orders, the appellants are
permitted to be represented by an employee of their choice from
the respondent-company or a representative of a trade union
operating in the respondent-management.
7. With the above observations appeals are disposed of.
...................J.
[KURIAN JOSEPH]
......................J.
[ROHINTON FALI NARIMAN]
NEW DELHI
AUGUST 23, 2016
JUDGMENT
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