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2005 Supreme(Bom) 356

B.H.MARLAPALLE
Anthea Aromatics P. Ltd. – Appellant
Versus
Association of Chemical Workers – Respondent


Judgment

B. H. MARLAPALLE, J.

( 1 ) HEARD Mr. A. D. Shetty with Ms. Rita joshi, T. Shetty for petitioners and N. D. Buch with Ms. Bina Dholakia for respondent Nos. 1 and 2. Respondent No. 3 be deleted forthwith.

( 2 ) RULE. Ms. N. D. Buch waives service of notice of rule for respondent Nos. 1 and 2. By consent of the parties, the writ petition is heard finally.

( 3 ) THE learned counsel for the petitioner has also submitted the paper book of the proceedings before the Enquiry Officer.

( 4 ) THE respondent No. 2 is an employee of the petitioner- company and member of the respondent No. 1. He was working as a technician Grade-Ill (skilled category) in the production Department of Plant-II. He was issued two different charge-sheets i. e. dated: march 19, 2003 and March 24, 2003. As his reply was not found satisfactory to the said charge-sheets, a joint enquiry was held and it was conducted by Mr. K. P. Gurav. The enquiry commenced from May, 2003 and the enquiry Officer submitted his report on january 28, 2004 and held that the following charges were proved against the respondent-employee on the basis of evidence placed on record i. e. (a) wilful insubordination and disobedience of law

















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