Case: Mgmt.,Of Thanjavur Textiles Ltd Vs. B.Purushotham

in Workmen in Buckingham and Carnatic Mills, Madras v. Buckingham and Carnatic Mills, Madras, 1970 Vol 1 LLJ 26. Our attention was also drawn by the learned counsel on both the sides to the decisions of this Court in M/s Dalmia Dadri Cement Ltd. v. Shri Murari Lal Bikaneria, 1970(3) SCC 259 and to Central Bank or India v. C. Bernard, 1991(1) SCC 319 : 1991(2) SCT 105 (SC). 8. The relevant portion of the Standing Order in sub-clause (c) of Clause 62 reads as follows :- "The Manager may himself or through other responsible officer make such enquiry and the workman shall present himself at the time and date fixed for such enquiry." 9. There was considerable debate before us in regard to the meaning of the words employed in the above sub-clause (c) of Clause 62. The words "other responsible officer" referred to in this case could only be an officer of the Company subordinate to the Manager and not an outsider, according to Shri S. Ravindra Bhat, learned counsel for the respondent and hence the Advocate could not have been appointed as enquiry officer nor could he give findings on the merits of the misconduct. 10. The learned senior counsel for the appellant, however, referred to the cases referred to above and submitted before us that even going by the language of the above clause and to the observations in the abovesaid judgments, it was permissible for the Manager to appoint an advocate as an Enquiry Officer. On the other hand, learned counsel for the respondent-workmen contended that the language of the clause in the Standing Order in this case was different from the language employed in the Standing Orders in the decided cases. In the present case the Standing Order contemplated an enquiry to be conducted only by a responsible officer of the Company, subordinate to the Manager. 11. We, however, find it not necessary to go into this controversy in view of the concession made by the learned senior counsel who appeared for the workmen before the Division Bench of the High Court to the effect that he was not raising the "extreme contention" that the enquiry, on the facts of this case, could not have been conducted by an advocate. In view of the said concession, we are not going into the submission before us as to whether the language of the particular clause in the Standing Order did or did not permit the Manager to appoint an advocate as an enquiry officer. 12. We, therefore, proceed on the assumption that it was permissible for the Manager to appoint an advocate as an enquiry officer. 13. Even so, learned counsel for the respondent contended that in cases where a person outside the Company was appointed as an enquiry officer, he would not be entitled to give findings as to the misconduct of the workmen. According to him, the advocate would only be entitled to record the evidence and send the same to the disciplinary authority. There could not be any delegation to the advocate in respect of the quasi judicial function. 14. Once it was conceded in the High Court by the learned counsel who appeared for the workmen that an advocate could be appointed as an enquiry officer, the advocate would, in our opinion, have all the normal powers of an enquiry officer including the power to give findings as to misconduct of the employees. We are unable to make a distinction between the powers of an enquiry officer who is an employee of the Company and an outsider. If the Manager was entitled to appoint an inquiry officer. In either case the appointee, in his capacity as an enquiry officer, would have the same powers. We accordingly hold that the advocate in this case could have given findings as to misconduct and the Division Bench of the High Court was wrong in thinking that the advocate, being an outsider, would not have the power to give findings as to misconduct of the employees.15. We may point out that in the case cited by the learned Senior counsel for the appellant in Khardah and Co., 1963(2) LLJ 452, it was stated as follows :- "We are not prepared to adopt such a course. If industrial adjudication attaches importance to domestic enquiries and the conclusions reached at the end of such enquiries, that necessarily postulates that the enquiry would be followed by a statement containing the conclusions of the enquiry officer. It may be that the enquiry officer need not write a very long or elaborate report; but since his findings are likely to lead to the dismissal of the employee, it is his duty to record clearly and precisely his conclusions and to indicate briefly his reasons for reaching the said conclusions."16. So far as the judgment in Workmen in Buckingham and Carnatic Mills, Madras v. Buckingham and Carnatic Mills, Madras, 1970 Vol.1 LLJ 26 is concerned, it was pointed out in that case that the relevant Standing order did not permit any delegation whatsoever. Even so if the concerned authority had merely delegated power to record evidence, there was nothing wrong in such a delegation as long as the delegate did not express any opinion on the merits of the case. The abovesaid decision is clearly distinguishable inasmuch as the relevant Standing order in that case did not envisage the appointment of any enquiry officer whatsoever. But in the present case, the Standing order does expressly contemplate appointment of an enquiry officer and if that is the position, the enquiry officer so appointed would, in our opinion, be certainly entitled to give findings in regard to the misconduct of the employees. The above decision is therefore clearly distinguishable. The Division Bench of the High Court in the judgment under appeal in our opinion, erred in not noticing the abovesaid distinction. There was no provision in the Standing Orders in the above cited case permitting appointment of another person to conduct the inquiry.

Court's decision (1 = petition accepted / positive for appellant, 0 = rejected / negative): 1

Reasoning from the judgment:
1[ds]14. Once it was conceded in the High Court by the learned counsel who appeared for the workmen that an advocate could be appointed as an enquiry officer, the advocate would, in our opinion, have all the normal powers of an enquiry officer including the power to give findings as to misconduct of the employees. We are unable to make a distinction between the powers of an enquiry officer who is an employee of the Company and an outsider. If the Manager was entitled to appoint an inquiry officer. In either case the appointee, in his capacity as an enquiry officer, would have the same powers. We accordingly hold that the advocate in this case could have given findings as to misconduct and the Division Bench of the High Court was wrong in thinking that the advocate, being an outsider, would not have the power to give findings as to misconduct of the employees.15. We may point out that in the case cited by the learned Senior counsel for the appellant in Khardah and Co., 1963(2) LLJ 452, it was stated as followsare not prepared to adopt such a course. If industrial adjudication attaches importance to domestic enquiries and the conclusions reached at the end of such enquiries, that necessarily postulates that the enquiry would be followed by a statement containing the conclusions of the enquiry officer. It may be that the enquiry officer need not write a very long or elaborate report; but since his findings are likely to lead to the dismissal of the employee, it is his duty to record clearly and precisely his conclusions and to indicate briefly his reasons for reaching the said conclusions."16. So far as the judgment in Workmen in Buckingham and Carnatic Mills, Madras v. Buckingham and Carnatic Mills, Madras, 1970 Vol.1 LLJ 26 is concerned, it was pointed out in that case that the relevant Standing order did not permit any delegation whatsoever. Even so if the concerned authority had merely delegated power to record evidence, there was nothing wrong in such a delegation as long as the delegate did not express any opinion on the merits of the case. The abovesaid decision is clearly distinguishable inasmuch as the relevant Standing order in that case did not envisage the appointment of any enquiry officer whatsoever. But in the present case, the Standing order does expressly contemplate appointment of an enquiry officer and if that is the position, the enquiry officer so appointed would, in our opinion, be certainly entitled to give findings in regard to the misconduct of the employees. The above decision is therefore clearly distinguishable. The Division Bench of the High Court in the judgment under appeal in our opinion, erred in not noticing the abovesaid distinction. There was no provision in the Standing Orders in the above cited case permitting appointment of another person to conduct the inquiry.