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1971 Supreme(MP) 143

H.R.KRISHNAN, G.L.OZA
NAVALKISHORE NARAYAN BHARGAVA – Appellant
Versus
M P ROAD TRANSPORT – Respondent


Advocates Appeared:
J.D.Patel, R.K.VIJAYAVARGI,

JUDGMENT :

( 1. ) THIS is a petition under Article 227 of the Constitution filed against an order passed by the Industrial Court, Indore.

( 2. ) THE facts giving rise to this petition are that the petitioner was in the employment of the non-applicant No. 1 Corporation and was serving as a driver running a passenger bus. An enquiry was ordered against him by a charge sheet dated the 23rd September 1965 on the allegation that he did not stop the bus when a signal fr that purpose was given by the Traffic Inspector. However, we are not concerned in this petition with the merits of the charges. After enquiry, the petitioner was found guilty of misconduct and an order for his dismissal was passed on 2nd December 1965. The petitioner then made an approach under section 31 (3) of the Madhya Pradesh Industrial Relations act, 1960 (hereinafter called the Act) by a letter dated the 22nd December 1965, and as the non-applicant No. 1 refused to consider the matter the petitioner filed an application under sections 61 and 62 of the Act before the Labour court, Indore. After the written statement was filed by the non-applicant no. 1, the Labour Judge framed issue No. 2 as a preliminary issue and de













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