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2005 Supreme(Guj) 396

K.A.PUJ
KAIRA DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LTD – Appellant
Versus
RAISING MANGALBHAI PARMAR, – Respondent


Advocates Appeared: A.S.VAKIL, Y.N.RAVANI

R. S. GARG, J.

( 1 ) MR. D. V. Patel, learned counsel for the appellant. None for the respondents. This order shall dispose of Letters Patent Appeal No. 574 of 1999 and Letters Patent Appeal No. 578 of 1999. The factual matrix in short is that the appellant proceeded in a departmental inquiry against four persons and issued punishment order on completion of the inquiry. Four different References were made and after recording some evidence, the Labour Court recorded a finding that the departmental inquiry was vitiated for the reasons given in the order. The order being not palatable to the interest of the appellant, the establishment has come to this Court in Special Civil Application No. 7772 of 1998 and allied matters. The matters were finally disposed of on 4. 3. 1999. The learned Single Judge observed that there was no scope for interference and the appellant-establishment can still prove the alleged misconduct. Being aggrieved by the said order, the appellant has come to this Court in Letters Patent Appeal Nos. 574 of 1999 and 578 of 1999.

( 2 ) LEARNED counsel for the appellant submitted that from the order passed by the learned Labour Court, it would clearly appear that it did




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