Appeal dismissed in limine. The single judge dismissed the writ petition upholding a labour award and departmental enquiry, finding charges of disrupting work were proven despite lack of employee evidence. The appellate court saw no reason to interfere.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
LETTERS PATENT APPEAL NO. 1 OF 2008
Ashok Shankar Shilimkar
...Appellant
versus
Tata Engineering and Locomotive Company Ltd., Pimpri
....Respondents
Mr. J. Shekhar, instructed by M/s. J. Shekhar & Company, for the appellant.
Mr. C.U. Singh, Senior Advocate, with Mr. K.S. Bapat and Mr. Mahesh Londhe, instructed by M/s. Sanjay Udeshi & Co., for the respondent.
CORAM : SWATANTER KUMAR, C.J. &
J.P. DEVADHAR, J.
DATE: JANUARY 07, 2008 .
P.C.
We have heard the learned counsel appearing for the
parties.
passed by the learned single Judge, who dismissed the writ petition primarily on the ground that the fairness of the enquiry was already upheld and the order upholding part-I award of the Labour Court has attained finality. Further it has been observed that the charges against
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the petitioner are of serious nature and on the basis of article of charges, departmental enquiry was concluded. There was no evidence produced by the workman. The enquiry officer has held that the charges against the petitioner were proved. The article of charges related to disruption of work which affected peace and discipline at the
work place. We do not see any reason to interfere with the order passed by the learned single Judge and appeal is dismissed in limine.
CHIEF JUSTICE
J.P. DEVADHAR, J.
1 issue framed by the court
Whether to interfere with the single judge’s order dismissing a writ petition challenging a departmental enquiry award.
Ashok Shankar Shilimkar
Tata Engineering and Locomotive Company Ltd., Pimpri
Swatanter Kumar
J.P. Devadhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
