LAWS(GJH)-2008-3-109

STATE BANK OF SAURASTRA Vs. RASHMIKANT G DAVE

Decided On March 04, 2008
STATE BANK OF SAURASTRA Appellant
V/S
RASHMIKANT G.DAVE Respondents

JUDGEMENT

(1.) RULE. Learned advocate Mr. IS Supehia waives the service of notice of Rule on behalf of respondent. In the facts and circumstances of the case and with consent of both the learned advocates, matter is taken up for final hearing today itself. Heard learned advocate Mr. PG Desai on behalf of petitioner, learned advocate Mr. IS Supehia with learned advocate Mr. Chaudhari appearing for respondent workman.

(2.) IN the present petition, petitioner Bank has challenged the order passed by C. G. I. T. A. in application no. 636/2004, old reference ITC no. 50/95 dated 30/5/2006 and 13/9/2007 which are at Annexure A and Annexure D to the petition.

(3.) THE Central Government Industrial Tribunal, Labour Court, vide exh 43 decided that departmental inquiry held against the workman is illegal and against principles of natural justice and that the finding given by Inquiry Officer is not based on evidence. Thereafter, matter was further processed for hearing on 7/7/2006.