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2000 Supreme(Guj) 594

D.M.DHARMADHIKARI, J.M.PANCHAL
P. K. SHAH – Appellant
Versus
GUJARAT INDUSTRIAL CO OPERATIVE BANK LIMITED – Respondent


Advocates Appeared: DIPAK DAVE, N.R.SAHANI

J. M. PANCHAL, J.

( 1 ) BY means of filing this appeal under Clause 15 of the Letters Patent, the appellant-workman has challenged judgment dated march 9, 1999 rendered by the learned single Judge, in Special Civil Application no. 9424 of 1998, by which Award dated August 19, 1998 passed by the labour Court, Ahmedabad directing the respondent to reinstate the appellant in service with back wages, is set aside on the ground that the reference to the Labour Court by the State Government was incompetent

( 2 ) ). The respondent is a Co-operative Society registered under the Gujarat co-operative Societies Act, 1961. It transacts the business of banking and is a hanking company within the meaning of Sec. 5 (c) of the Banking Regulations act, 1949 and Sec. 2 (bb) of the Industrial Disputes Act, 1947. The respondent has its Branches all over the State of Gujarat and also the Regional Branch at Dadra and Nagar Haveli (Silvassa), which is a Union Territory.

( 3 ) ). The appellant was working as a Clerk with the respondent-Bank. He was suspended from service on October 16, 1995 for the misconduct of subverting the discipline of the Bank. Ultimately, after holding inquiry he was dismissed from s













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