LAWS(GJH)-2024-8-77

JITENDRAGIRI MAHARAJGIRI GOSWAMI Vs. DIVISIONAL CONTROLLER

Decided On August 13, 2024
Jitendragiri Maharajgiri Goswami Appellant
V/S
DIVISIONAL CONTROLLER Respondents

JUDGEMENT

(1.) By way of present petition under Article 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs :

(2.) The brief facts giving rise to the present petition are that, the petitioner was working as Conductor in the respondent S.T. Corporation and as the services of the petitioner came to be illegally and arbitrarily terminated by the management of the respondent No.1 and therefore, the petitioner raised an industrial dispute before the Labour Court, Amreli, which was referred and registered as Reference (LCA) No.25 of 2007. thereafter, the petitioner filed his Statement of Claim before the Labour Court and the Labour Court issued notice and the respondent Corporation appeared before the Labour Court and filed their written statement. That, thereafter, the Labour Court examined the legality and validity of the inquiry and the inquiry was declared legal and valid. That, the petitioner led oral evidence by filing affidavit below Exh.-48 and the advocate appearing for the respondent Corporation crossexamined the petitioner. That, thereafter, the petitioner submitted an application to exercise powers u/s. 11(A) of the Industrial Disputes Act, 1947 and interfered in the punishment imposed by the respondent Corporation. It is the case of the petitioner workman that, the Labour Court proceeded with the reference and passed the impugned award dtd. 10/09/2014 rejecting the reference.

(3.) Heard learned advocate Mr.Bhuvnesh Gahlot, appearing on behalf of the petitioner - workman and learned advocate Mr.H.S. Munshaw, appearing on behalf of the respondent No.1 - S.T. Corporation.