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2021 Supreme(Guj) 737

A.S.SUPEHIA
GUJARAT BOROSIL LTD. – Appellant
Versus
BHUNESHWAR SHIVNATH PANDIT – Respondent


Advocates Appeared:
For the Appellant : MR. K.M.PATEL WITH MR.VARUN K.PATEL
For the Respondent: MS. SANGEETA PAHWA

JUDGMENT :

1. RULE. Learned advocate Mr. Sangeeta Pahwa waives service of notice of rule on behalf of the respondent.

2. In the present writ petition, the petitioner has sought a direction for quashing and setting aside the award dated 30.03.2019 passed by the Labour Court, Bharuch in Reference (LCB) No. 160 of 2012. By the aforesaid award, the petitioner is directed to reinstate with continuity of service with 20% back wages and all other consequential benefits. It is the case of the petitioner that the respondent, while in general shift (portion to be taken from the file)

3. Learned Senior Advocate Mr. K.M.Patel appearing for the petitioner has submitted that common department inquiry for both and charge-sheet is conducted against the the respondent as per following the principles of natural justice and certificate standing orders. The Inquiry Officer, thereafter vide his report dated 08.05.2011 has held the charges proved against the respondent. A second show-cause notice was issued on 21.05.2012 calling upon the respondent-workman. Since, grave and serious charges leveled against him were proved, the workman was dismissed from service with effect from 11.06.2012, which gave rise t

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