In Letters Patent Appeal ST. No.17703 of 2009, the High Court at Bombay dismissed the appeal filed by the employer against the Single Judge's order upholding the Labour Court's finding of an unfair inquiry, holding no merit in the interference.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
LETTERS PATENT APPEAL ST. NO.17703 OF 2009 IN WRIT PETITION NO.1947 OF 2009
Municipal Corporation of Greater Mumbai ... Appellant Versus Pandharinath Ghuge ... Respondent
Mr. S.K. Talsania, Senior Advocate with Ms. Kavita Anchan i/by M/s. M.V. Kini & Co. for the appellant. Ms. Rita Joshi for the Respondent.
CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J. DATED : 12TH AUGUST, 2009
P.C.
Vide orders dated 15th May, 2007 and 2nd April, 2008, the Labour Court and the Industrial Court held that the enquiry conducted against the workman was not fair and proper. Thus the findings recorded by the Enquiry Officer are set aside and the Management was free to lead evidence before the Tribunal itself. Aggrieved from these orders, the Management has challenged the orders in Writ Petition No.1947 of 2009 which came to be dismissed vide order dated 24th March, 2009 giving rise to the filing of the present appeal.
It is specifically referred to the fact that the workman was not permitted to produce his evidence and also that medical certificate had not been furnished to him.
CHIEF JUSTICE
A.M. KHANWILKAR, J.
1 issue framed by the court
Whether the High Court should interfere with the Single Judge's exercise of discretion in dismissing the writ petition against the Labour Court's order.
Municipal Corporation of Greater Mumbai
Pandharinath Ghuge
SWATANTER KUMAR
A.M. KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
