GEMABHAI ABAHYSINH BARIA Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) Heard learned Advocate Mr. Mihir Thakor with Mr. Tejas M. Barot for petitioners in this group of petitions. This group of petitions was earlier circulated before the service bench of this Court (Coram : Hon'ble Mr. Justice D.H.Waghela,J.) on 21.7.2006. The order passed is reproduced as under:

(2.) Before the service bench of this Court, contention was raised by the petitioners that the present group of petitions pertains to matters under the labour laws and may be sent for hearing before the apprpriate bench. Then, this group of petitions came up before this court. In petition, in cause title nowhere it is mentioned as to whether the matter is connected with the labour laws or not. Following averment has been made in the petition :

(3.) It is also required to be noted that it is nowhere mentioned in the petition as to which provision of labour law has been attracted in this petition or violated by the respondents while passing the order of termination against petitioner. I have perused entire petition. Such averments have not been made in the memo of petition either specifically or generally. When the matter was opened before this Court, question was asked by this court to the learned Senior Advocate for the petitioner as to how these matters are pertaining to the matters under the labour laws because this court is having jurisdiction only in labour matters. It was answered by the learned Senior Advocate that the petitioner is temporary regular mazdoor, therefore, he is covered by the definition of 'workman' given under sec. 2(s) of the ID Act, 1947, therefore, present petitions are labour matters. Except that, for satisfying the requirement, no other submission is made. In the present petitions, order dated 30.6.2006 " notice for removal from service is challenged by the petitionres. It is alleged against the petitioners that during the regularization as a regular mazdoor, you have furnished false information and committed grave misconduct for employment purpose and rendered unfit and unsuitable for continuing in service. Before passing this order on 30.6.2006, four notices were served upon the petitioner to show cause. Explanation given by the petitioner was not found satisfactory, therefore, notice dated 30.6.2006 for removal from service has been issued. Notice for removal from service has to be considered,therefore, it is reproduced as under: