Bharat Petroleum Corporation Ltd. vs. Maharashtra General. Kamgar Union and Ors.

Facts

Bharat Petroleum Corporation Ltd.- the appellant submitted Draft Standing Orders to the Certifying Officer for certification. One of the Clauses of the Draft Standing Orders, which was not certified by the Certifying Officer, related to the representation of an employee in the disciplinary proceedings. The result was that the provision relating to the representation of an employee, during departmental proceedings, as contained in the Model Standing Orders, continued to apply to the appellant's Establishment. Aggrieved by the order of the Certifying Officer, two appeals were filed before the Appellate Authority, which approved and certified the Standing Orders and the order of the Certifying Officer was set aside. The order of the Appellant Authority was challenged in the Bombay High Court. The High Court set aside the order passed by the Appellate Authority. The present appeals have been filed against this judgment.

Key Takeaways for Students

Legal Issue

Whether an employee can be represented in disciplinary proceedings by a person who is not an employee of the same company?

Holding

The Certified Standing Orders provide that the delinquent employee can be represented in the disciplinary proceedings through an employee and the representative should be an employee of the parent establishment, that is, a co-employee of the same establishment as a co-employee would be fully aware of the conditions prevailing in the parent establishment, its Service Rules, including the Standing Orders, and would be in a better position, than an outsider, to assist the delinquent for fair and early disposal.

Final Decision Appeal Allowed

Ratio

A person must be represented by a person fully aware of the conditions prevailing in the parent establishment.