LAWS(GJH)-2008-4-91

RAJKOT PEOPLES COOPERATIVE BANK LTD Vs. BHARATBHAI HAZARE

Decided On April 28, 2008
RAJKOT PEOPLES COOPERATIVE BANK LTD Appellant
V/S
BHARATBHAI HAZARE Respondents

JUDGEMENT

(1.) RULE. Service of Rule is waived by learned Advocate Mr. HC Raval on behalf of the 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.

(2.) HEARD learned Advocate Mrs. Sangeeta N. Pahwa for M/s. Thakkar Associates for the petitioner and MR. Hardik C. Raval, learned Advocate for the respondent.

(3.) THROUGH this petition, the petitioner Rajkot Peoples' Cooperative Bank Ltd. Has challenged the order of the Industrial Court, Gujarat in Revision Application (IC) No. 7 of 2007 dated 16. 2. 2008. Revision Application was filed by the respondent against the order passed by the labour court in BIR Application No. 5 of 2004 vide Exh. 22 wherein the labour court has come to the conclusion that the departmental inquiry conducted against the workman is legal and valid. Revision application filed against the said order below Exh. 22 in BIR Application No. 5 of 2004 was challenged by filing revision application which was allowed by the revisional Court by setting aside the order below Exh. 22 by the labour court Rajkot and it was held that the departmental inquiry conducted against the respondent by the petitioner is illegal, unreasonable and contrary to the principles of natural justice. Revision Application was filed by the present respondent under section 85 of the BIR Act, 1946. Now, as the departmental inquiry has been held to have been vitiated by the industrial court and, therefore, petitioner shall have to prove the misconduct against the respondent before the labour court by leading proper evidence.