I B DESAI Vs. GUJARAT LABOUR WELFARE BOARD

JUDGEMENT

(1.) The petitioner is an ex-employee of respondent no.1 Gujarat Labour Welfare Board("the Board" for short). She has challenged an order dated 25.8.2000/4.9.2000 passed by the Board dismissing her from service with effect from 27.7.1998. The petitioner has further prayed for direction to the respondents to give all consequential benefits to her.

(2.) Short facts leading to the petition are as follows.

(3.) On the other hand, learned counsel Shri Munshaw for the respondent Board opposed the petition contending inter-alia that the petitioner had committed grave misconduct by committing serious irregularities in discharge of her duties. Huge amounts of Provident Fund and Gratuity of the employees of the Board were invested in Cooperative Banks against the Government Resolutions and directives. Investment made was not safe. Ultimately, the Cooperative Bank went into liquidation resulting into financial loss to the employees and the Board. There were another illegalities committed by the petitioner in making appointments to different posts in the Board. He further contended that the Board through its rules namely Labor Welfare Fund(Gujarat) Rules 1962 has decided to adopt various rules of the State Government governing service conditions of the employees namely Bombay Civil Services Rules, Gujarat Civil Services(Conduct) Rules, 1971, Gujarat Civil Services(Discipline and Appeal) Rules, due to which it was possible for the Board to proceed against the petitioner departmentally even after the age of superannuation. He contended that the petitioner was placed under suspension before the date of superannuation by a specific order. Departmental inquiry was continued even after her retirement. 4.1 He contended that charges have been proved conclusively through departmental proceedings. No interference is therefore, called for.