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2008 Supreme(Bom) 544

K.J.ROHEE, R.C.CHAVAN
Taranjitsingh I. Bagga – Appellant
Versus
Maharashtra State Road Transport Corporation – Respondent


Advocates:
Advocate Appeared
Shri. N. R. SABOO, Advocate for Appellant.
Shri. S. C. MEHADIA, Advocate for Respondent.

JUDGMENT

R. C. CHAVAN, J.:- This appeal by employee takes exception to judgment by the learned single Judge allowing respondent employer's Writ Petition No.4733 of 2005. whereby the learned Judge quashed and set aside order passed by the Courts below granting to the appellant full back wages.

2. The appellant is serving as a conductor with the respondent Corporation. On 20th September, 1992 the bus, on which the appellant was on duty as conductor, Was checked and on the basis of observations made by the Checking Party an enquiry was started against the appellant. According to the appellant, the enquiry was not conducted property and the appellant was dismissed from service by an order dated 8th December, 1994. The appellant filed complaint before the Judge, Labour Court, Amravati under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Lablur Practices Act. The learned Judge, Labour Court held that the appellant was not given opportunity of cross-examining employer's witnesses and, therefore, enquiry was not proper and was not conducted according to the principles of natural justice. He, therefore, allowed complaint, and declared that the respondents

















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