Dismissed

Nareshkumar S/O Purshottamdas Dubey v. the Chairman-Cum-Managing Director, Western Coalfields Ltd. and Another

Bombay HC18 Mar 2013LPA/106/2013

Case brief

AI extract

What is this about?

In this letters patent appeal challenging the dismissal of a labor dispute petition, the High Court of Nagpur succinctly rejected the appeal. The Court held that the appellant failed to establish substantial errors in the award or the Single Judge's decision dismissing the challenge to dismissal from service.

What the court decided

AI extract

Nareshkumar S/O Purshottamdas Dubey Vs the… — Service and Employment | Bombay HC (2013)

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18.3LPA106.13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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LETTERS PATENT APPEAL NO. 106 0F 2013 IN W.P. NO. 1478/12. Nareshkumar s/o Purshottamdas Dubey .vs. The Chairman-cum-Managing Director, WCL, Nagpur & another

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Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

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Mr. S.G. Zinjarde, Advocate for appellant.

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Mr. Mehadia, Advocate for respondent no.1.

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CORAM : B.R. GAVAI & PRASANNA B. VARALE, JJ. DATED : MARCH 18, 2013.

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1] The appellant challenges the order passed by the learned Single Judge thereby dismissing the petition filed by the petitioner arising out of the award passed by the Central Government Industrial Tribunal on 4.8.2011, thereby holding that the action of the management in dismissing the present petitioner from service with effect from 21.9.1994 was legal and justified.

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2] Shri S.G. Zinzarde, learned Counsel for the appellant, submits that the learned Single Judge as well as the learned C.G.I.T. have failed to take into consideration that the

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18.3LPA106.13

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appellant/petitioner has been charged with the charges which came to be amended subsequently. He submits that the amendment to the Standing Orders cannot have retrospective effect.

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3] The second submission is that the charge-sheet which was issued to the petitioner was not by the authority competent to do so.

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4] In so far as the first submission is concerned, the charge-sheet is issued to the petitioner on 15.5.1993. The communication dated 31.10.1992 is not a charge-sheet but an advisory issued to the appellant to submit his explanation regarding not achieving the required target. The amendment to the Standing Orders has come into effect from 19.2.1993. Charge-sheet is issued almost after a period of three months therefrom. In that view of the matter, there is no merit in so far as the first submission is concerned.

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5] In so far as the second submission is concerned, in the reply to show-cause notice there is no challenge that the charge-sheet which is issued is not issued by the Competent Authority. Reliance is placed on some communication which asked the Enquiry Officer as to who was authority competent to

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18.3LPA106.13

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issue the charge-sheet. In that view of the matter, such contention cannot be allowed to be taken for the first time in this Court.

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6] There is no case to interfere in the appellate jurisdiction. Therefore, the Appeal is rejected.

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Judge Judge

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Nareshkumar S/O Purshottamdas Dubey v. the Chairman-Cum-Managing Director, Western Coalfields Ltd. and Another

Case brief

What is this about?

What the court decided

Nareshkumar S/O Purshottamdas Dubey v. the Chairman-Cum-Managing Director, Western Coalfields Ltd. and Another

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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