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1978 Supreme(Guj) 64

M.K.SHAH, S.H.SHETH
MUNICIPAL CORPORATION OF AHMEDABAD – Appellant
Versus
JYOTINDRA HARIPRASAD MEHTA – Respondent


Advocates Appeared: M.D.PANDYA, V.M.SOLANKI

S. H. SHETH, J.

( 1 ) THE facts of the case briefly stated are as under: The plaintiff was an employee of Ahmedabad Municipal Corporation and had been serving in its Transport Department. He was governed by the Standing Orders for workmen employed for clerical and supervisory work. Plaintiff was found to have interpolated something in a tender which was invited for printing passenger tickets. That interpolation was made after the tender was accepted. By that interpolation wrongful loss was likely to be caused to the Corporation. The Corporation therefore instituted an enquiry against him. As a result of the enquiry his services were terminated with effect from 17th October 1968. He appealed against that order to the Transport Committee of the Municipal Corporation. The appeal was dismissed.

( 2 ) THEREAFTER he filed the present suit in which he contended that the termination of his services was made in contravention of the Standing Orders by which he was governed and that that was also made in violation of sec. 33 (2) (b) of the Industrial Disputes Act 1947 He also challenged the order on the ground that it was mala fide and was made in violation of the principles of natural justice

















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