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2023 Supreme(Del) 2351

GAURANG KANTH
D. T. C. – Appellant
Versus
Salek Chand – Respondent


Advocate Appeared:
For the Appellant :Ms. Manisha Tyagi and Ms. Damini Vishwakarma, Advocates.
For the Respondent:Mr. G.S. Charya, Advocate.

JUDGMENT :

GAURANG KANTH, J.

1. The present petition emanates from the order dated 15.09.2000 passed by the Presiding Officer, Industrial Tribunal No. II, Tis Hazari court, Delhi (“Impugned Order -I”) and order dated 03.10.2002 passed by the Presiding Officer, Industrial Tribunal- II, Karkardooma Courts Delhi (“Impugned Order-II”). The Impugned Order-I and Impugned Order-II would collectively be also referred to as Impugned Orders, where so required. The Petitioner hereby is impugning the legality of the aforesaid Impugned Orders and is seeking issuance of an appropriate writ for quashing the said Impugned Orders.

2. A brief factual matrix shows that the Petitioner filed an Application under Section 33 (2) (b) of the Industrial Disputes Act, 1947 (“I.D. Act”) seeking the approval of the learned Labour Court for terminating the services of the Respondent. Learned Labour Court adjudicated on the issue of validity of the domestic enquiry conducted by the Petitioner/Management and vide Impugned Order-I held that the said domestic enquiry was conducted after following the principles of natural justice and therefore there is no fault in the enquiry proceedings. However, after analyzing the

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