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1988 Supreme(Guj) 195

A.M.AHMADI, P.M.CHAUHAN
GUJARAT STATE ROAD TRANSPORT CORPORATION LIMITED – Appellant
Versus
Prabhashanker K. Acharya – Respondent


Advocates Appeared: A.K.CLERK, H.K.RATHOD, K.N.RAVAL, S.N.SHELAT

CHAUHAN, J.

( 1 ) IN the group of writ petition under article 227 of the Constitution of India, the interesting question about the extent and ambit of the jurisdiction and power of the Labour Court/industrial Tribunal exercising the jurisdiction and power under Section 11a as well as Sections 7, 7a and 15 of the Industrial Disputes act. to interfere with the order imposing the punishment by the employer- management, arise for consideration. The moot questions for consideration are: (1) what is the extent and ambit of jurisdiction of Labour Court/ Industrial tribunal to interfere in finding by the employer-management regarding misconduct of workman; (2) Whether the jurisdiction and powers of the Labour court/ Industrial Tribunal under Section 11a of the Industrial Disputes Act to interfere with the order imposing punishment is confirmed to only the punishment of discharge or dismissal or also extend to the punishments other than the said punishments; (3) If not, whether the Labour Court/ Industrial Tribunal can interfere with the punishment other than that of the discharge or dismissal passed by the management under the provisions of Sections 7, 7a and 15 of the Industrial dispute A




































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