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1999 Supreme(Bom) 966

R.M.LODHA, F.I.REBELLO, R.J.KOCHAR
Sonaba Baburao Dalvi – Appellant
Versus
Factory Manager and others – Respondent


JUDGMENT -R.J. KOCHAR, J.:---The petitioner has challenged in this petition under Articles 226 and 227 of the Constitution of India the concurrent findings recorded by the Labour Court, Pune and the Industrial Court, Maharashtra at Pune. The facts which gave rise to the present dispute are as follows:

2.The petitioner was working as a permanent Drawer in the Drawing-in Department of the respondent Mills. He had put in about 20 years service in the Mills. He was served with a show cause notice dated 26-12-1978, the gist of which is that the petitioner had not given the usual production as decided by the company. While others in his shift were giving 8500 ends production, it was alleged that the petitioner was deliberately giving low production by doing work slowly. The said show cause notice also contained his past misconduct and that inspite of legal action against him he had not improved. The show cause notice contained a chart of production given by him from 4-12-1978 to 22-12-1978. The petitioner submitted his written explanation by his letter dated 1-1-1979 denying charge of low production given in the statement. In the written explanation he also made a counter allegation tha







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