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Issues:
1. Competency of the Industrial Tribunal under the Industrial Disputes Act. 2. Validity of the Tribunal's award in light of the company's contentions. Analysis: 1. The judgment revolves around an industrial matter concerning the dismissal of a worker, leading to an appeal before the Supreme Court. The dismissal of the worker, Das, from Phulbari Tea Estate was challenged by the Assam Chah Karmchari Sangh, a registered trade union. The Industrial Tribunal, in its award, found the dismissal unjustified due to procedural irregularities and lack of legal evidence. The Tribunal awarded compensation to Das, prompting the company to appeal on two grounds. 2. Regarding the first issue, the company contended that the Tribunal was not competent under the Industrial Disputes Act as per Section 7. The Act required a tribunal member to be a Judge of a High Court, a District Judge, or qualified for High Court appointment. The company raised this contention post-award, which was rejected by the Supreme Court. The Court reasoned that since the qualification of the Tribunal member was not challenged during the proceedings, it could not be raised later, thus dismissing this contention. 3. On the second issue, the company argued that the Tribunal's award was unsustainable as it seemed like an appeal on the company's internal enquiry. The Supreme Court analyzed the enquiry held by the company on March 12, highlighting procedural flaws. The Court cited the principles of natural justice, emphasizing the need for a fair enquiry. It noted that witnesses were not examined in Das's presence, and he was not given an opportunity to cross-examine them, violating natural justice principles. 4. The Court referenced previous cases to underscore the importance of following natural justice principles in such enquiries. It mentioned that the defect in the enquiry could have been rectified if witnesses were produced before the Tribunal for cross-examination. However, the company failed to do so, only submitting statements recorded during the investigation. Consequently, the Supreme Court upheld the Tribunal's finding that the enquiry was flawed, leading to the dismissal of the appeal. 5. In conclusion, the Supreme Court dismissed the appeal, affirming the Tribunal's decision. The Court clarified the compensation amount awarded to Das and directed the parties to bear their own costs. The judgment underscores the significance of adhering to procedural fairness and natural justice in industrial dispute resolutions.
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