HEUBACH COLOUR PVT. LTD Vs. JAYENDRASINH JITSINH RANA

JUDGEMENT

(1.) RULE. Learned Advocate Mr.Haresh J.Trivedi waives service of Rule on behalf of respondent No.1.

(2.) This petition under Article 226 of the Constitution of India is filed with following prayer:-

(3.) At the outset, learned Advocate for the petitioner submitted that the services of the respondent-workman were terminated on account of loss of confidence and therefore, along with the order of termination, detailed reasons were given. However, no departmental inquiry was conducted. Relying upon the decision of the Apex Court in case of The Cooper Engineering Limited Vs. Shri P.P.Mundhe, reported in (1975) 2 SCC, 661, it is submitted that the Labour Court ought to have given a chance to the petitioner-company to lead evidence to prove misconduct and in absence of such chance, the award is not sustainable.