LAWS(GJH)-2024-12-11

PRAVINCHANDRA AMBALAL PARMAR Vs. MANAGER, SUN PHARMACEUTICAL

Decided On December 04, 2024
Pravinchandra Ambalal Parmar Appellant
V/S
Manager, Sun Pharmaceutical Respondents

JUDGEMENT

(1.) This petition is filed under Sec. 226 and 227 of the Constitution of India challenging the award passed by the learned labour court, Godhra dtd. 4/12/2023 in Reference(T) No.112 of 2008 and order below Exh.23 dtd. 20/5/2023 approving the departmental inquiry and by allowing the Reference(T) No.112 of 2008 at Exh.29. The facts required for the disposal of this case is as under:-

(2.) Heard learned advocate Mr.Mahavir Jebaliya for learned advocate Mr.Ashish Dagli.

(3.) Learned advocate Mr.Jebaliya submits that for the charge of theft, the criminal prosecution which was lodged, wherein, he was acquitted and thereafter, without providing sufficient opportunity departmental inquiry was conducted which resulted in the order of dismissal. Learned advocate Mr.Jebaliya submits that previously when the reference was submitted in the year 1995, assurance was given by the respondent for reinstatement and therefore, the reference came to be withdrawn. Subsequently, despite serious efforts made by the present petitioner, he was not reinstated and therefore, impugned reference was filed before the learned labour court in the year 2018.