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2017 Supreme(Bom) 77

S.C.GUPTE
WELCOME GROUP SEAROCK Land End – Appellant
Versus
Kashinath Iyer – Respondent


Advocates Appeared:
For the Petitioner: Mr. Abhay Nevagi, Mr. Amit Singh, Ms. Prerana Patil i/b Abhay Nevagi & Associates.
For the Respondent: Mr. Kashinath Iyer.

JUDGMENT :

This writ petition, filed under Articles 226 and 227 of the Constitution of India, challenges a revisional order passed by the Industrial Court at Mumbai. The dispute between the parties concerns termination of the Respondent employee by the Petitioner management. The management had proposed termination of the Respondent on the ground that charges of misconduct against him were found proved in a domestic inquiry. The Respondent had filed a complaint of unfair labour practice in respect of the proposed termination, which complaint was dismissed by the Labour Court. The Industrial Court by its impugned order set aside that dismissal and directed the Petitioner to allow the Respondent (who had been terminated in the meanwhile) to resume duties with continuity of service and full back wages.

2. The facts of the case may be shortly stated as follows :

2.1 The Petitioner was running a five star hotel at its establishment described in the cause title. The Petitioner had employed about 800 workmen. One of them was Respondent No.1.

2.2 It is the Petitioner's case that in 1989-1990 there were industrial relations problems in its establishment, with the Union of its workmen resorting t































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