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2010 Supreme(Del) 428

RAJIV SAHAI ENDLAW
TAJ MAHAL HOTEL – Appellant
Versus
INDUSTRIAL TRIBUNAL – Respondent


Advocates appeared:
Mr. Vinay Bhasin, Sr. Advocate with Mr. Amit Bhasin, Advocate.
Mr. Harvinder Singh, Advocate for Respondent No.2 to 6.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. The petitioner by this writ petition impugns the order dated 6th March, 2000 of the Industrial Tribunal holding the domestic / departmental inquiry conducted prior to the dismissal of the respondent Nos. 2 to 6 workmen to be legally invalid and vitiated. After holding so, the Industrial Tribunal gave liberty to the petitioner to prove the charges against the workmen before the Industrial Tribunal.

2. The petitioner however, instead of proving the charge of misconduct before the Industrial Tribunal, filed this writ petition, notice whereof was issued to the respondent workmen. Subsequently, vide order dated 7th July, 2000 Rule was issued in the petition and the operation of the order aforesaid impugned in this writ petition was stayed. The said interim order was, on 11th January, 2002, made absolute till the disposal of the writ petition. Resultantly the further proceedings before the Industrial Tribunal on the reference “Whether the dismissal of services of Shri B.S. Rawat, Ramvir, Shankar Lal, Ramphool and Mukesh Shakun, is illegal and / or unjustified and if so, to what relief are they entitled and what directions are necessary in this respe





















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