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2016 Supreme(Bom) 397

RAVINDRA V.GHUGE
Vijay Balu Navarkar – Appellant
Versus
Jalgaon Janata Sahakari Bank Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri Barde Parag Vijay
For the Respondents: Shri Dixit V.J., i/b, Shri Nagargoje Ankush N.

JUDGMENT :

1. Heard learned Advocates for the respective parties.

2. Rule.

3. By consent, Rule is made returnable forthwith and the petition is taken up for final disposal.

4. The petitioner/employee is aggrieved by the judgment dated 4.3.2015, delivered by the Industrial Court, by which Revision (ULP) No. 12 of 2013, preferred by the respondent/Bank has been allowed and the Part I judgment of the Labour Court, dated 23.11.2012, with regard to the two preliminary issues has been set aside.

5. Shri Barde submits that the petitioner was suspended pending the disciplinary proceedings on 17.8.2006. He received a charge sheet dated 31.10.2006 on 17.11.2006. He denied all the charges. The Enquiry Officer on completion of the enquiry, submitted his report dated 28.6.2007. After hearing the petitioner on the enquiry report, the respondent terminated his services, by way of punishment, on 13.9.2007.

6. The petitioner filed Complaint (ULP) No. 43 of 2007 before the Labour Court for challenging his termination. By the Part I judgment, dated 23.11.2012, the Labour Court concluded that enquiry is vitiated for noncompliance of the principles of natural justice and the findings of the Enquiry Officer a






















































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