THAKORBHAI C PADHIYAR Vs. FAG PRECESSION BEARING LTD

JUDGEMENT

(1.) By filing this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order passed by the Industrial Tribunal, Vadodara dated 8.8.1996 in Approval Application (IT) No. 37 of 1995 in Reference (IT) No. 81 of 1987, by which the Industrial Tribunal, Vadodara allowed the Approval Application filed by the respondent herein.

(2.) It is the case of the petitioner that the petitioner was suspended on 4.2.1994 pending inquiry on allegations of theft. The respondent company, vide order dated 20.05.1995 dismissed the petitioner with effect from 4.2.1994. The respondent company also applied under Section 33 of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act" for short) for approval of the dismissal. It also appears from the record that in the meantime, the petitioner initiated the conciliation proceedings under Section 10(1) of the Act and on failure of the same, the reference was made before the Labour Court, Vadodara. The said reference is pending before the Labour Court, Vadodara. Ultimately, the learned Tribunal, by its order dated 8.8.1996, allowed the Approval Application (IT) No.37 of 1995 in Reference (IT) No. 81 of 1987.

(3.) Being aggrieved and dissatisfied by the order dated 8.8.1996 passed by the Industrial Tribunal, Vadodara in Approval Application (IT) No.37 of 1995 in Reference (IT) No. 81 of 1987, the petitioner has preferred this petition under Article 226/227 of the Constitution of India for quashing and setting aside the same. Heard the learned advocates for the parties and perused the material placed on record.