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1964 Supreme(Guj) 94

A.R.BAKSHI, J.M.SHELAT
AHMEDABAD SARANGPUR MILLS CO. LIMITED – Appellant
Versus
I. G. THAKORE – Respondent


Advocates Appeared: C.T.DAN, I.M.NANAVATI

J. M. SHELAT, J.

( 1 ) THIS petition is for a certiorari or for any other appropriate writ or direction quashing the order of the Industrial Court requiring the petitioner to pay wages to the second respondent from the date of the order of discharge by the petitioner company whereby the second respondents services were terminated upto the date of the decision of the Labour Court.

( 2 ) THE second respondent was at the material time serving as a supervisor in the dyeing department of the petitioner company. On September 17 1959 he was served with a show cause notice along with a preliminary suspension order. The notice alleged that in the morning of September 11 1959 the second respondent had behaved towards his superior officer one Varma in an insulting and indisciplined manner that the incident took place in the presence of the Chief Chemist one B. D. Patel and called upon the Second respondent to show cause before the Factory Manager why his services should not be terminated.

( 3 ) IT is not in dispute that an enquiry was held on September 19 1959 but it is also not in dispute that during that enquiry the said Varma was not examined in the presence of the second respondent nor was



























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