Writ Petition No. 1157 of 2016. Case: Nanded District Central Co-Operative Bank Vs Yadav. High Court of Bombay (India)
| Case Number | Writ Petition No. 1157 of 2016 |
| Counsel | For Appellant: R.K. Ingole Patil, Advocate and For Respondents: Ram S. Shinde, Advocate |
| Judges | R. V. Ghuge, J. |
| Issue | Labour and Industrial Law |
| Judgement Date | Tuesday February 09, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
R. V. Ghuge, J.
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Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
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The petitioner is aggrieved by the judgment and order dated 18.10.2013 delivered by the Labour Court, Nanded by which the Complaint ULP No. 16/2006 filed by the respondent was allowed and he was granted reinstatement with continuity of service and full back wages from 11.05.2006 till his retirement on 31.10.2010. The petitioner is further aggrieved by the judgment of the Industrial Court dated 09.07.2015 by which Revision ULP No. 183/2013 filed by the petitioner has been dismissed.
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The strenuous contention of Mr. Ingole Patil, learned Counsel for the petitioner is that the respondent was charged with misappropriation. Grave and serious charges have been leveled upon him. Yet, the Labour Court has casually considered the enquiry conducted against the respondent as per rules and has interfered with the findings and enquiry by its Part-I judgment dated 05.12.2012 and has set aside the enquiry. By the impugned judgment dated 18.10.2013, the complaint has been allowed in its totality.
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Mr. Patil further submits that the error committed by the Labour Court has been committed even by the Industrial Court while dealing with its revision petition. The Industrial Court has merely aggrieved with the conclusions of the Labour Court without proper application of mind. The seriousness and the gravity of the charges were not considered. An...
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