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2023 Supreme(Bom) 455

N. J. JAMADAR
Crane Process Flow Technologies Pvt. Ltd – Appellant
Versus
Amol V. Waghmale – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Kiran Bapat, Senior Counsel a/w Mr. Gaurav Gawande i/b Jayesh Desai
For the Respondent: Mr.Nitin A. Kulkarni

JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally.

2. This Petition takes exception to a judgment and order passed by the learned Member Industrial Court, Satara in Revision Application (ULP) No. 4 of 2020, dated 11th June, 2021, whereby the Revision Application preferred by the petitioner-employer came to be dismissed upholding the judgment and award (part-1) dated 27th January, 2020, passed by the learned Presiding Officer, Labour Court in complaint (IDA) No.30 of 2018, preferred by the respondent-workman holding that the findings recorded by the Inquiry Officer in the Departmental Enquiry instituted against the respondent were perverse.

3. Background facts necessary for determination of this Petition can be summarized as under:-

    (a) The petitioner is an engineering company. Respondent was appointed as a trainee operator with the petitioner on 13th November, 2009. Respondent was confirmed in service in the year 2011. Respondent was the president of the trade union. On 18th April, 2017, the respondent allegedly entered into the Shop Floor of the factory premises without any authority, whilst he was not on duty. Respondent behaved in an indecent and disorderly manner

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