Court held that in view of pending proceeding in Industrial Tribunal, writ jurisdiction is not warranted at present; petition directed to challenge final award accordingly disposed of.
Proceedings disposed of; permitted to challenge final award at appropriate time.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
:1:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
WRIT PETITION NO. 2543 OF 2006
Bharat Sanchar Nigam Ltd.
...Petitioner.
V/s.
Rajendrakumar Rajaram Gawade. ... Respondents.
AND
WRIT PETITION NO. 2554 OF 2006
Bharat Sanchar Nigam Ltd. ... Petitioner.
V/s.
The President, Rashtriya Telecom Employees Workers’ Union. ... Respondents.
Mr. A.S. Rao for the Petitioner. Mr. J.S. Kini with Suresh Dubey for Respondent No.1.
CORAM : DR. D.Y. CHANDRACHUD,J.
4TH OCTOBER, 2006.
| P.C. : | ||||||
|---|---|---|---|---|---|---|
| 1. | The Presiding | Officer of | the Cent | ral Governm | ent | |
| Industrial | Tribunal c |
ame | to | the | conclusion that |
the |
| disciplinary | enquiry | was | not | fair | and proper. |
An |
| opportunity | was granted |
to |
the | Petitio |
ner to lead |
evidence |
| in s |
upport of the |
charges. | The Part |
I Award was |
rendered | |
| on 16 |
th May 2 |
006. | The | Petition |
before this Court |
was |
| instituted | on 16th Sep |
tember | 2006. | In |
the meantime, |
it is |
| an | undisputed posit |
ion | before | the | Court that |
the |
| Petitioner | has availed |
of | the | opportun | ity to lead |
evidence |
| in | support of the |
alle |
gations | of m |
isconduct. Evide |
nce is |
being adduced before the Industrial Tribunal and the
proceedings are progressing.
:2:
| of the |
Supre | me C |
ourt in |
Cooper | Engi | neerin | g Ltd. |
V/s. |
|---|---|---|---|---|---|---|---|---|
| P.P. | Mundhe | AIR | 1975 |
S.C.1900 | no | inter | ference | of this |
| Court at |
the |
prese | nt stage |
, under |
Arti | cle | 226 | of the |
| Constitution | of | India | is war |
ranted. | It | is | open | to the |
| Petitioner | to | challenge | the | final | awa | rd | of the |
Industrial |
| Tribunal | as | well as |
the | findings | rende | red | in the |
Part I |
Award after the dispute is disposed of, should it become
necessary to do so.
1 issue framed by the court
Whether writ jurisdiction under Article 226 is warranted while proceedings in the Industrial Tribunal are pending.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Bharat Sanchar Nigam Ltd.
Rajendrakumar Rajaram Gawade
The President, Rashtriya Telecom Employees Workers' Union
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
