High Court dismissed a writ petition challenging an order confirming reinstatement because no enquiry was conducted before termination. The court held that punishment cannot be imposed without an enquiry and set aside the petitioner's contentions.
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wp1248.14.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 1248 OF 2014
VERSUS
Shaukat Khan s/o Ahmad Khan Pathan, Age: 55 years, Occ. Service, R/o Shantinagar behind 'Santecas' Company, Aurangabad Road, Jalna, Tq. & Dist. Jalna ...RESPONDENT
Mr D. N. Suryawanshi, Advocate for petitioners;
Mr P. G. Deshmukh, Advocate for respondent
CORAM : N.W. SAMBRE, J.
DATE : 20th January, 2015
ORDER
By this writ petition, the petitioners seek to challenge the order dated 27th November, 2013, passed by Industrial Court, Dhule, in Revision No.24 of 2010, thereby confirming the judgment and order dated 26th July, 2010, passed by Labour Court, Dhule, in Complaint (ULP) No.25 of 2005.
wp1248.14.
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wp1248.14.
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stamp paper dated 17th May, 2002, that from 1991 till the date of his reinstatement he shall not claim any back wages. He has also invited my attention to the documents, such as, memo issued to the respondent, the job chart, the show cause notice, etc. According to him, the said documents could be read in evidence as against the respondent herein. The said contentions of the petitioners can not be accepted as it is settled position of law, that no punishment can be imposed without conducting an enquiry against the employee. Even the service conditions of the respondent – employee contemplate an enquiry against him.
Petition, therefore, stands dismissed with no order as to costs.
(N.W. SAMBRE, J.)
amj
1 issue framed by the court
Whether the High Court can interfere with the Industrial Court's order confirming reinstatement where no charge-sheet or enquiry was conducted against the employee.
The Managing Director, The Maharashtra State Co-operative Marketing Federation Ltd, Mumbai
The Factory Manager, Vaibhav Pashu Khadya Karkhana Bor Vihir, Dhule
Shaukat Khan
N.W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
