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2014 Supreme(Raj) 834

AMITAVA ROY, VIJAY BISHNOI
Pradeep Siroya – Appellant
Versus
M/s Hindustan Zinc Ltd – Respondent


Advocates:
For the Appellant:R.R. Vyas, Advocate.
For the Respondent:Rajesh Joshi, Advocate.

JUDGMENT

1. - The instant appeal witnesses a challenge to the judgement and order dated 19.3.2007 analogously disposing of two proceedings i.e. SBCWP No.1380/1995 instituted by respondent No.1 herein and SBCWP No.727/1996 by the appellant. Whereas the management/respondent No.1 herein invoked the writ jurisdiction of this court being vexed by the determination of the learned Labour Court, Udaipur moderating the penalty of termination of the service of the appellant herein as a disciplinary measure to one of stoppage of two grade increments with cumulative effect, the appellant sought the intervention of this court to interfere with its (Labour Court) conclusion that the domestic enquiry culminating in the penalty of termination of service was valid. By the impugned judgment and order, the impugnment mounted by the appellant was negatived and the penalty of termination of service of the appellant was restored.

2. We have heard Mr.R.R.Vyas, learned counsel for the appellant and Mr.Rajesh Vyas, learned counsel appearing on behalf of the respondents.

3. Facts indispensable for the instant adjudication are that the appellant, who at the relevant time, was a Senior Assistant in the Store D


































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