SURYABHAN MARUTI AVHAD Vs. MAHINDRA AND MAHINDRA LIMITED

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated March 5, 2007 of the learned ingle Judge allowing Writ Petition No. 5/2007 filed by the Respondent-company. By the writ petition, the Respondent challenged the order dated December 21, 2006 passed by the Industrial Court in Revision Application (ULP) No. 204/2006. The Revision Application was directed against the order passed by the Labour Judge, First Labour Court, Mumbai dated August 24, 2006 in Complaint (ULP) No. 602/2003.

(2.) The brief statement of the facts of the case are as follows:

(3.) According to the Respondent, the above acts of the Appellant amounted to misconduct under Clauses 22(d) and 22(i) of the Certified Standing Orders- Therefore, it suspended the Appellant from service by the order dated February 27, 2003. When the order was sought to be served upon the Appellant, he refused to accept the same. Then charge sheet dated March 1, 2003 was served upon him in respect to incidents of misconduct on his part and also lastly for refusing to accept the order of suspension which amounts to misconduct under Clause 22(x) of the Certified Standing Orders.