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2023 Supreme(Raj) 505

ANOOP KUMAR DHAND
Deoki Nandan S/o Shri Hukam Chand – Appellant
Versus
Judge, Labour Court, Kota – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: V.L. Mathur.
For the Respondent: Anirudh Singh Rathore.

JUDGMENT :

ANOOP KUMAR DHAND, J.

1. This petition is directed against the impugned award dated 16.3.1999 passed by Labour Court, Kota, in Case no. 21/1998 by which oral termination order dated 29.10.1984 of the petitioner has been held to be valid.

2. Counsel for the petitioner submits that the petitioner was appointed as Conductor on 30.5.1984 and his services were terminated orally on 29.10.1984. Counsel submits that a vague remark was issued against the petitioner that nine passengers were found without ticket. Counsel submits that neither any charge-sheet was given nor any enquiry was held against the petitioner, hence his termination order is punitive. Counsel submits that there was violation of the provisions of Section 25F, G, H of the Industrial Disputes Act, 1947 (for short “Act of 1947”). Counsel submits that while relying on para nos. 34 and 35 of the judgment of Hon’ble Apex Court in the case of Radhey Shyam Gupta vs. U.P. State Agro Industries Corporation Ltd. (1999) 2 SCC 21 that termination order of the petitioner has been found to be valid by the Labour Court. Counsel submits that during pendency of the matter before the Labour Court, affidavits were submitted by both

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