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2003 Supreme(P&H) 832

MEHTAB S.GILL
Shiromani Gurdwara Parbandhak Committee Of Management Gurdwara Dakh Hwaran Sahib – Appellant
Versus
Presiding Officer Labour Court – Respondent


Judgment

Mehtab S.Gill, J.

1. Petitioner has prayed for the issuance of a writ in the nature of certiorari for quashing order dated 27.3.1985 (Annexure P-3) passed by Labour Court, Patiala.

2. Petitioner is a body corporate constituted under the Sikh Gurdwaras Act.

3. Respondent No. 2 was an employee of petitioner-committee as a Sewadaar (Tola) and was drawing salary of Rs. 250/- per month.

4. During the employment of respondent No. 2, he misused the funds and used the slips (Parchis) of Karah Parshad which had already been used and, thus, committed fraud and embezzlement etc. in Gurdwara Dukh Niwaran Sahib, Patiala of which he was an employee.

5. Gurdwara Dukh Niwaran Sahib, Patiala Padshahi Naumi, is a notified Sikh Gurdwara under the control of Sikh Gurdwara Parbandhak Committee (hereinafter to be called Committee).

6. Respondent No. 2 was charge-sheeted. He was put under suspension and dismissed under Section 69 of the Sikh Gurdwaras Act on 9,11.1979. Resolution No. 441 was passed by the Executive Committee. Copy of resolution is attached as Annexure P-1. Respondent No. 2 made a reference to the Labour Court, Patiala but the same was rejected by the Labour Officer on 4.3.1980.

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