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1994 Supreme(Bom) 425

E.S.DA SILVA
Suresh A. Kerkar – Appellant
Versus
S. V. Nevagi and others – Respondent


JUDGMENT

Dr. E.S. DA SILVA, J. :---This writ petition challenges the Award of the respondent No.1, the Presiding Officer of the Industrial Tribunal, dated 10-8-1988, in a Reference made by the Government to the Tribunal under section 10(1) of the Industrial Disputes Act, 1947 (hereinafter called the Act) which has held that the action of the Management of M/s. Hindustan Ciba-Geigy Limited, the respondent No.2., (hereinafter called the respondent) in terminating the services of the petitioner who was working as Watchman for the respondents Company from 7-2-1984 is just and legal and, therefore, the petitioner is not entitled to any relief.

2. It appears that the petitioner was working as a security guard/watchman for the Company since April, 1972 and by letter No. TE-6.5-114 dated 15-9-1983 was charge-sheeted for misconduct under Standing Orders applicable to him.

3. The case of the respondent is that the petitioner was involved in a criminal case and stolen property was recovered from him as a result of which he was detained in police custody from 27-8-1983 to 1-9-1983. Inspite of that the petitioner failed to report the factual position and instead misrepresented to the Company by hi












































































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