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1988 Supreme(Bom) 273

V.S.KOTWAL, C.S.DHARMADHIKARI
R. D. Surve – Appellant
Versus
Tata Iron & Steel Co. Ltd. & others – Respondent


JUDGMENT - C.S. DHARMADHIKARI, J.:---As both these appeals arise out of the order passed by the learned Single Judge in Writ Petition No. 1599 of 1985 and Writ Petition No. 2360 of 1985, they were heard together and are being disposed of by this common order.

2. The main question, which is raised in these appeals relates to the interpretation of Item No. 1 in Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Item No. 1 of the said Schedule reads as under :

“1. To discharge or dismiss employees---

(a) by way of victimisation;

(b) not in good faith, but in the colourable exercise of the employer's rights;

(c) by falsely implicating on employee in a criminal case on false evidence or on concocted evidence;

(d) for patently false reasons;

(e) on untrue or trumped up allegations of absence without leave;

(f) in utter disregard of the principles of natural justice in the conduct of domestic inquiry or with undue haste;

(g) for misconduct of a minor or technical character without having regard to the nature of the particular misconduct or the past record of service of the employee, so as to amount to a shockingly disproportionate punish
















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