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2007 Supreme(Bom) 1121

SWATANTER KUMAR, RANJANA DESAI
Vajidali T. Kadri – Appellant
Versus
D. D. Shah – Respondent


Advocates appeared
Mr. S.N. Deshpande for the appellant.
Mr. A.K. Jalisatgi for the respondent.

JUDGEMENT:­

(Per Smt. Ranjana Desai, J.)

1. The appellant was employed by the respondents as the securityincharge of their factory. The respondents dismissed him from service vide letter dated 27/9/1990. The appellant filed Complaint (ULP) No.6 of 1991 in the IInd Labour Court, Thane, challenging the respondents' action. In the complaint, it is his case that the respondents have indulged in unfair labour practices under items 1(a), (b), (d), (f) and (g) of Schedule IV of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act, 1971 (for short, “the MRTU & PULP Act”). According to the appellant, he was discharged without conducting any inquiry in utter disregard to the principles of natural justice. No chargesheet was served on him. It is his case that the respondents have discharged/dismissed him by way of victimization, not in good faith but in colourable exercise of the employer's rights for patently false reasons.

2. Admittedly, no chargesheet was served on the appellant. The particulars of misconduct were given by the respondents in their written statement. The respondents examined their witnesses in support of their case. In the light of the judgm















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