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2002 Supreme(Guj) 544

AKSHAY H.MEHTA
CENTRAL BANK OF INDIA – Appellant
Versus
MAVJI C. LAKUM – Respondent


Advocates Appeared: ARUN H.MEHTA, NALIN K.THAKKAR

AKSHAY H. MEHTA, J.

( 1 ) IN this petition the main question that is involved is what is the scope of the Labour Court or the Tribunal or National Tribunal while exercising power under Section 11-A of the Industrial Disputes Act, 1947 (for short "the Act") ? Though this question has time and again come for consideration before the Apex Court as well as this Court and other High Courts, in this petition the same has been extensively argued by both the sides and I am, therefore, required to deal with that issue and determine the same on the basis of submissions made by the learned counsels and the decisions and provisions of law cited by them in support of their respective submissions.

( 2 ) THE facts that have given rise to the present controversy can be stated as under :-2. 1. THE petitioner is Central Bank of India having its Head Office at Bombay and a Branch Office at Jamnagar. The respondent joined the service of petitioner at Jamnagar on 1/9/1951 as a Peon and subsequently he was promoted to the post of Head Peon. In the year 1981 he was working as Head Peon and at that time the petitioner received repeated complaints regarding the misbehaviour of the respondent with the client










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