2015 (7) TMI 1431

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.... ORAL JUDGMENT :- 1. Heard the learned Advocates at length. 2. Rule. 3. By consent, Rule is made returnable forthwith and the petition is taken up for final disposal. 4. The respondent / employee retired on 18.3.2005 on superannuation. The impugned judgment and award of the Labour Court in Reference (IDA) No.47 of 2007 is dated 20.6.2013. 5. The petitioner has canvassed a host of factors. He....

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.... petitioner indicates that the past record of the respondent is highly blemished. He was earlier dismissed from service on two occasions for similar misconducts committed on 30.9.1979 and 12.2.1986. 9. He submits that the Labour Court has decided all the issues in one stroke thereby concluding that the findings of the enquiry officer are perverse and at the same time has partly allowed the Refere....

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....s Transport Corporation, Beed Vs. Syed Saheblal Syed Nijam [2014 III CLR 547], has not been followed by the Labour Court. It could not have decided the preliminary issues along with all the rest of the issues in one stroke while delivering the impugned award. For this reason alone, the impugned award is rendered unsustainable 13. However, I do not find that any purpose would be served by remandin....

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....urt for fresh a decision by following the procedure laid down in law. For the said purpose, the respondent who is about 70 years today, will have to prosecute his reference proceeding. Under fortuitous circumstances, the findings of the enquiry officer have been held to be perverse by the Labour Court, thereby setting aside the enquiry. 15. The petitioner after going through the Written Statement....