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2019 Supreme(Bom) 2157

A.K.MENON
Ashok Anandrao Mane – Appellant
Versus
Managing Director Maharashtra State Financial Corporation, Mumbai – Respondent


Advocates Appeared:
Ram Apte, Adv., Ashutosh Gole, Adv., N.R. Patankar, Adv., Prabhakar M. Jadhav, Adv.

JUDGMENT

A K Menon, J. - The petition challenges an order of dismissal dated 13th March,1995 passed by the respondent-Maharashtra State Financial Corporation, pursuant to a domestic enquiry held against the petitioner. It also challenges the Judgment and Award dated 5th February,2007 passed by the Labour Court, Kolhapur, allowing the claim of the petitioner partly. While allowing the Reference (IDA) No.94/1996 partly, the order of forfeiture of the provident fund amount and interest thereon, under Regulation No.21(b) of the Bombay State Financial Corporation Employees Provident Fund Regulations,1955, was set aside and the respondent-Corporation was directed to handover the amount, along with interest accrued thereon, till date of his dismissal, along with future interest. The impugned judgment of the Labour Court, however, upheld the order dismissing the petitioner from service. The petitioner is aggrieved by both these decisions.

2. The facts, in brief, are as follows :-

    The petitioner was, at all material times, engaged as a Junior Officer in the respondent-Corporation. The respondent is the Maharashtra State Financial Corporation, a Statutory Corporation, constituted under the pr

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