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2005 Supreme(Bom) 1814

NISHITA MHATRE
Hanumant Pandurang Indalkar – Appellant
Versus
Tata Engineering and Locomotive Co. Ltd. – Respondent


( 1 ) THIS Petition is directed against the Awards of the Labour Court in Reference (IDA) No. 469 of 1991 dated 19th October 1996 and 23rd June 2000. By Award Part-I dated 19th October 1996, the Labour Court had held that the enquiry conducted against the Petitioner in respect of charge-sheet dated 29th October 1988 was fair and proper. However, the enquiry conducted in respect of the charge-sheet dated 25th March 1989 was found to be in violation of the principles of natural justice and, therefore, vitiated. By Award Part-II dated 23rd June 2000, the Labour Court came to the conclusion that the punishment imposed on the Petitioner was just and, therefore, dismissed the Reference.

( 2 ) THE Petitioner was in service with Tata engineering and Locomotive Company Limited, Respondent no. 1 herein (hereinafter referred to as "the Company") as a Millwright Mechanic in the Auto Division of the companys Pimpri Works. The Petitioner was one of the activists of the Telco Kamgar Sanghatana, one of the two unions operating in the establishment of the Company. The other Union was the Telco Employees Union. On 27th may 1988, a transfer order was issued to the Petitioner transferring him from Chi













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