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2018 Supreme(Guj) 986

K.M.THAKER
Gujarat State Road Transport Corporation – Appellant
Versus
Pravinbhai Bhogilal Chokshi – Respondent


Advocates Appeared:
H.S. Munshaw, Adv., Paresh J Brahmbhatt, Adv.

JUDGMENT

K.M. THAKER, J.

1. Heard learned advocate for the petitioner and learned advocate for the respondent.

2. In present petition, the petitioner - Gujarat State Road Transport Corporation ["the Corporation" for short] has prayed, inter alia, that:

"8(b) Be pleased to allow this Special Civil Application by way of issuing appropriate writ, writ of mandamus or writ or order or directions quashing and setting aside the order dated 24/02/2016 passed by the Hon'ble Industrial Tribunal at Vadodara in an application below 30 moved by Respondent No.1 in Reference (IT) No.70 of 2010 quashing and setting aside the Penal order dated 28/02/2001 of stoppage of two increments with future effect, annexed as Annexure-G in the interest of justice."

3. The petitioner is aggrieved by the order dated 24.2.2014 passed by learned Tribunal at Vadodara in Reference No.70 of 2010. The said order is passed at interlocutory stage. By impugned order, the learned Tribunal declined permission to present petitioner to lead evidence (i.e. to conduct denovo inquiry) to prove the charge and allegations against the workman after the learned Tribunal declared domestic inquiry defective and therefore, illegal.

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