(1.) RULE. Service of Rule is waived by learned advocates appearing on behalf of the respondents respectively. In the facts and circumstances of the case and with consent of all the learned advocates, matter is taken up for final hearing today.
(2.) HEARD learned the learned advocates appearing on behalf of respective parties.
(3.) IN the present petition, petitioner workman is challenging the order passed by Labour Court, Bharuch in Reference (LCB) No. 285 of 1995 Exh. 83 dated 14th August 2007. The petitioner was dismissed from service on 30th June 1995 by respondent No. 2. Against which, industrial dispute was raised which was referred for adjudication on 29th August 1995. The statement of claim was filed by workman vide Exh. 3, against which, reply vide Exh. 7 was filed by respondent. Thereafter, statement of claim was amended by the workman vide Exh. 25, which was, again, vide Exh. 30 purshis, respondent employer has accepted the reply filed vide Exh. 7. The petitioner workman was examined vide Exh. 32 for limited purpose. The petitioner has raised contention against the departmental inquiry conducted by employer and for limited purpose, evidence was given by petitioner before the Labour Court which was cross-examined by respondent No. 2. Vide Exh. 14, respondent No. 2 has produced certain documents relating to departmental inquiry and also cited relevant decision by both the parties. Thereafter, Labour Court has framed the issue that whether departmental inquiry conducted against the petitioner by the employer is illegal or not or whether principles of natural justice is violated or not. The Labour Court, Bharuch has come to conclusion that in respect to the charge sheet dated 5th January 1994, the departmental inquiry which was conducted by the employer is held to be legal and valid and matter was adjourned on 29th August 2007.