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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 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