BANK OF INDIA Vs. RAJENDRA G PARIKH

JUDGEMENT

(1.) Heard learned advocate Mr.Chudgar appearing on behalf of the petitioner - Bank and learned advocate Mr.Bachani for respondent workman.

(2.) In the present petition, the petitioner has challenged the interim order, wherein the departmental inquiry has been declared vitiated by the Industrial Tribunal in Reference [I.T.C.] No.6 / 1998 dated 11th September, 2002. The Industrial Tribunal, Surat has come to the conclusion that in respect of the preliminary point which has been raised by the workman that departmental inquiry which has been conducted against him, has been vitiated as it violated the principles of natural justice and this contention raised by the workman has been accepted by the Industrial Tribunal while passing the orders on 11th September, 2002 and come to the conclusion that the departmental inquiry which was initiated against the respondent workman is held to be vitiated as violative of principles of natural justice. Therefore, the said interim order is under challenge by the petitioner.

(3.) Initially, this Court has issued Rule, returnable on 5th March, 2003 on 17th January, 2003 and also granted interim relief in terms of Para-22[B] as prayed for in the prayer clause and as result thereof, stayed the further proceedings of the pending Reference before the Industrial Tribunal at Surat and the interim relief granted by this Court is still in force.