In Brief
A state transport corporation dismissed a bus driver for causing a fatal accident through rash and negligent driving. The Labour Commissioner refused to approve the dismissal, finding insufficient evidence because passengers and other independent witnesses were not examined during the disciplinary enquiry. The Supreme Court held that in limited jurisdiction proceedings under Section 33(2)(b) of the Industrial Disputes Act, authorities must only check whether a prima facie case exists, not re-appreciate evidence. Non-examination of witnesses does not invalidate findings when Res Ipsa Loquitur applies to accident cases. The doctrine shifts the burden to the employee to prove his conduct was not negligent. The Court allowed the appeal, approving the dismissal, while preserving the employee's right to challenge it in appropriate proceedings.
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