DIVISIONAL CONTROLLER Vs. NITESHKUMAR NAGINBHAI BRAHMBHATT

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has inter alia prayed to quash and set aside the judgment and award dated 14th August, 2008, passed by the Industrial Tribunal, Ahmedabad, in Application (IT) No.755 of 2004 in Reference (IT) No.37 of 2000, whereby the Tribunal has rejected the application of the petitioner made under Section 33 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').

(2.) THE facts in brief are that the respondent-workman had raised an industrial dispute on the ground that the petitioner had terminated his services in complete breach of the provisions of the Industrial Disputes Act, 1947. The dispute was numbered as Reference (IT) No.37 of 2000, wherein the petitioner made an application for approval being Application (IT) No.755 of 2004 and it was decided by way of the impugned judgment and award. Being aggrieved by the same, the present petition has been preferred.

(3.) THEREAFTER , when the matter came up for hearing on 29th April, 2010, this Court (Coram : H.K. Rathod, J.) passed the following order :