G S R T C v. F a Malek
Case brief
What is this about?
The High Court dismissed the writ petition and discharged the rule, holding that since the respondent had already retired, it was not in the interest of justice to reopen the issue of the Industrial Court's lesser punishment despite the absence of jurisdictional error.
What did the court decide?
The petition is dismissed and the rule is discharged with no order as to costs.
What the court decided
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 6347 of 1989
For Approval and Signature: |
|---|
Hon'ble MR.JUSTICE D.H.WAGHELA======================================================== |
1. Whether Reporters of Local Papers may be allowed : NOto see the judgements? |
2. To be referred to the Reporter or not? : NO |
3. Whether Their Lordships wish to see the fair copy : NOof the judgement? |
4. Whether this case involves a substantial question : NOof law as to the interpretation of the Constitutionof India, 1950 of any Order made thereunder? |
5. Whether it is to be circulated to the Civil Judge? : NO------------------------------------------------------- |
G S R T CVersusF A MALEK-------------------------------------------------------- |
Appearance: |
MR HARDIK C RAWAL for Petitioner No. 1MR SN SHELAT for Petitioner No. 1MR RV DESAI for Respondent No. 1--------------------------------------------------------- |
CORAM : MR.JUSTICE D.H.WAGHELA
Date of decision: 19/10/2001
ORAL JUDGEMENT
�The learned counsel for the petitioner fairly
conceded that by now the respondent has already retired
on attaining the age of superannuation and he has been
paid the retiral benefits also. It is also clear from
the perusal of the impugned award that the Labour Court
has, in exercise of the powers conferred upon it under
Section 11-A of the Industrial Disputes Act, interfered
Issues for consideration
2 issues framed by the court
Whether the Industrial Tribunal's modification of punishment to reinstatement without back wages can be reopened once the employee has attained superannuation.
Whether it is in the interest of justice to examine the propriety of the punishment after the respondent has retired.
Parties & counsel
- appellant
G.S.R.T.C
- respondent
F.A. Malek
Coram
D.H. Waghela
Case details
As recorded by the court registry
- Court
- Gujarat HC
- Decided on
- · October
- Registered
- Case no.
- SCA/6347/1989
Similar cases
Judgements on the same questions, provisions and authorities, from every court