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Issues:
Misconduct - Submission of false daily reports by an employee leading to termination of services. Jurisdiction - Whether the respondent, a Medical Representative, is covered under the definition of "workman" as per the Industrial Disputes Act, 1947. Legal Representation - Entitlement of the respondent to be represented by an advocate in departmental proceedings. Validity of Termination - Compliance with Service Rules in issuing termination order. Authority to Issue Termination Order - Competency of the General Manager (Marketing) in issuing the termination order. Misconduct Issue Analysis: The appellant terminated the respondent's services for submitting false daily reports, violating Rule 14 of the Service Rules. The departmental enquiry confirmed the charges, leading to termination. The respondent challenged the termination through various legal avenues. Jurisdiction Issue Analysis: The respondent raised an industrial dispute, questioning the Labour Court's jurisdiction. The Labour Court initially ruled the respondent was not a "workman," but the High Court set aside this decision, remanding the case back to the Labour Court for fresh consideration. Legal Representation Issue Analysis: The respondent argued for legal representation in departmental proceedings despite the Service Rules allowing only a co-representative. Legal precedents were cited, emphasizing that the right to representation can be regulated by Service Rules or statutes. Validity of Termination Issue Analysis: The Labour Court found the termination invalid due to lack of a fair enquiry and assistance of an advocate. The High Court upheld this decision, prompting the appeal to the Supreme Court. Authority Issue Analysis: The Labour Court's finding that the termination order was invalid as it was issued by the General Manager (Marketing) instead of the Personnel Manager, the appointing authority, was challenged. The Supreme Court directed a fresh consideration of all issues together for a comprehensive decision. In conclusion, the Supreme Court allowed the appeal, setting aside the Labour Court's interim award and the High Court's judgment. The case was remanded for a fresh decision considering all issues collectively and ensuring compliance with the law and Service Rules.
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