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1975 Supreme(SC) 227

P.K.GOSWAMI, N.L.UNTWALIA, A.ALAGIRISWAMI
Chembur Co Operative Industrial Estate LTD. – Appellant
Versus
M. K. Chhatre – Respondent


Advocates:
B.Dutt

Judgment

ALAGIRISWAMI, J.:- This is an appeal against the judgment of the High Court of Bombay dismissing in limine Civil Application No. 2780 of 1971 filed by the appellant Society under Article 227 of the Constitution of India against the award of the Presiding Officer, Third Labour Court, Bombay. The 2nd respondent was appointed as an Accountant in the office of the appellant in August, 1965. On certain complaints against him the Managing Committee of the appellant society examined the 2nd respondent at length on a number of days and on 21st August 1966 suspended him from service. He was thereafter dismissed by a resolution of the Managing Committee on 30th September 1966. The dispute was referred to the Third Labour Court, Bombay for adjudication by the order of the Government of Maharashtra. The Labour Court concluded that there was no enquiry at all held against the 2nd respondent. Before the Labour Court the 2nd respondent examined himself and on behalf of the appellant society its Chairman and its Honorary Secretary as well as Joint Secretary were examined. On consideration of the evidence before it the Labour Court came to the conclusion that none of the charges against the




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