LAWS(GJH)-2014-2-162

APOLLO TYRES LIMITED Vs. RAKESH KUMAR PAL

Decided On February 25, 2014
APOLLO TYRES LIMITED Appellant
V/S
Rakesh Kumar Pal And 1 Anr. Respondents

JUDGEMENT

(1.) THIS appeal is filed against the judgment and order dated 17.09.2012 passed by the learned single Judge in the captioned petition.

(2.) THE main contention raised on behalf of the appellant -Company is that though the Labour Court had decided the reference u/s. 11A of the Industrial Disputes Act, no penalty was imposed while substituting the order of dismissal, particularly, when the departmental proceedings were admitted by the responded However, learned counsel Mr. Shah appearing with Mr. Songara for the respondent submitted that the findings of the enquiry officer were not admitted by the respondent, which is apparent from the application (Exh. 20) tendered by the respondent.

(3.) IN view of the above, the award dated 18.06.2007 passed by the Labour Court in Reference (LCV) No. 912/2000 as also the impugned order dated 17.09.2012 passed by the learned single Judge are quashed and set aside. Learned counsel Mr. Shah appearing for the respondent sought permission to withdraw application (Exh. 20) filed before the Labour Court (At annexure -G to the petition), which is granted.