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MAUNA M. BHATT
Regional Head, Bank Of Baroda – Appellant
Versus
Jivabhai S Parmar – Respondent
JUDGMENT :
MAUNA M. BHATT, J.
1. Dena Bank through his regional manager has filed this petition seeking following reliefs:
(b) During the pendency of admission, hearing and final disposal of the petition, stay the operation, implementation and effect of the award dated 29.06.2010 passed by the Industrial Tribunal, Ahmedabad in Reference (I.T.C.) No.26/2008 (Old Reference (I.T.C.) No.8/1996 – Reference (C.G.I.T.A.) No.37/2004] at Annexure “A”.
(c) Such other and further relief/s as may be deemed just and proper in the facts of the case may be granted.”
2. It is case of the petitioner that award of the Industrial Tribunal, Ahmedabad dated 29.06.2010 in Reference (I.T.C.) No.26 of 2008 is erroneous since the Tribunal while passing the award has committed not only an error of law but also an error of jurisdiction by applying wrong standard of
Departmental inquiries require a preponderance of probabilities for proof, differing from the strict standards in criminal trials, and insufficient evidence can render dismissal illegal.
The main legal point established in the judgment is the Tribunal's power to reassess evidence, consider absence of evidence, and draw adverse inferences in the context of disciplinary proceedings und....
The court established that a dismissal under the Industrial Disputes Act must adhere to principles of natural justice, and procedural defects can invalidate disciplinary actions.
The power of judicial review, of the Constitutional Courts, is an evaluation of the decision-making process and not the merits of the decision itself. It is to ensure fairness in treatment and not to....
The court upheld the dismissal of an employee for serious misconduct involving misappropriation of funds, emphasizing the importance of integrity in banking and the adequacy of evidence in disciplina....
The requirement of natural justice necessitates supplying an inquiry report to the delinquent, and failure to do so invalidates disciplinary action, justifying reinstatement of the employee.
The principles of natural justice mandate that departmental inquiries must provide reasonable opportunity to the employee, and the burden of proof lies with the employer to establish misconduct, foll....
Labour Courts must refrain from re-evaluating evidence after confirming the fairness of a disciplinary inquiry; interference is only permissible when findings are perverse or lack evidence.
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