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1986 Supreme(Bom) 312

M.M.QAZI, A.A.DESAI
Mill Manager, Savatram Ramprasad Mills – Appellant
Versus
Industrial Court, Nagpur & another – Respondent


JUDGMENT - M.M. QUAZI, J.:---The present Letters Patent Appeal arises out of the order passed by the learned Single Judge dismissing the writ petition filed by the appellant.

2. The respondent No. 2 was an employee of the appellant. His services came to be terminated vide notice dated 27-7-1980, on the ground that the demanded and accepted bribe of Rs. 20/- from another employee in order to grant him leave. He, therefore, filed a complaint under section 28(1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act') contending that the dismissal was in utter disregard to the principles of natural justice, inasmuch as while inflicting the punishment of dismissal his past unblemished service record was not taken into consideration. According to him, he had put in 30 years service and had earned good testimonials from the Department. According to him, the order was in contravention of the mandatory requirement of the Standing Order No. 25(6), which reads thus :

"25(6). In awarding punishment under this standing order, the Manager shall take into account the gravity of misconduct, the previous record, if any


















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