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2009 Supreme(Bom) 666

C.L.PANGARKAR
Executive Engineer – Appellant
Versus
Vasant Nattuji Kosare – Respondent


Advocates Appeared:
For the Petitioners:P.B .Patil, Advocate. For the Respondents:R1, F.G. Issac, Advocate.

Judgment :

ORAL JUDGMENT:

1. By this writ petition, the petitioners challenge the order passed by the Industrial Court whereby he allowed the review application and set aside his own order.

2. The facts giving rise to the petition are as follows.

The petitioner was the original respondent in a complaint before the Labour court. The petitioner is an Executive Engineer of Lower Wana Project. Respondent Vasant was working as a workman with the petitioner. A domestic enquiry was instituted against the respondent Vasant for a misconduct. The enquiry Officer held respondent – Vasant guilty of the misconduct. Upon consideration of the report of enquiry, the petitioner passed an order dismissing the respondent Vasant from service. It was alleged that while respondent Vasant was working as a watchman a theft of eight tyres had taken place in the establishment of the petitioner and therefore said domestic enquiry was held. Respondent Vasant, therefore, filed an application before the labour court alleging unfair labour practice. The labour court allowed the complaint filed by respondent Vasant and directed the petitioner to resist from indulging unfair labour practice. He also directed rei















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