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2018 Supreme(Bom) 2142

C.V.BHADANG
Zuari Industries Limited – Appellant
Versus
Roque Glenito Furtado – Respondent


Advocates Appeared:
For the Appellant :Jamshed P. Cama, Senior Advocate and Girish K. Sardessai and A. Carvalho, Advocates.
For the Respondents: Party-in-Person.

JUDGMENT :

C.V. Bhadang, J.

1. Rule made returnable forthwith. Respondent no. 1, who appears in person, waives service. Heard finally by consent of parties.

2. By this petition, the petitioner/party no. II is challenging an award dated 23.10.2017, passed by the Industrial Tribunal at Panaji (Tribunal, for short), thereby holding the action of the petitioner in terminating the services of the petitioner, as illegal and unjustified and directing payment of full back wages from the date of discharge, till the date of superannuation alongwith benefits of all the settlements, with costs of Rs. 2 lakhs. The relief of reinstatement was not competent, as in the interregnum, the petitioner had reached the age of superannuation.

3. The brief facts necessary for the disposal of the petition may be stated thus:

    The respondent no. 1 was employed as a Senior Accounts Assistant with the petitioner since 31.05.1983. He was confirmed in service on 02.06.1986. On 02.11.2007, the respondent no. 1 came to be discharged from service, on the ground that the management had lost confidence in him and it was found to be prejudicial to the interest of the petitioner, to retain him in service. By way of abundant

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