LAWS(BOM)-1995-6-1

BANK OF BARODA Vs. VIRSEN SANTHRAM PRADHAN

Decided On June 06, 1995
BANK OF BARODA Appellant
V/S
VIRSEN SANTHRAM PRADHAN Respondents

JUDGEMENT

(1.) THIS is a Petition filed by the Bank of Baroda challenging the Order dated 28th September 1994 in Reference No. CGIT-2/49 of 1991 on the file of the Central government Industrial Tribunal No.2 of Bombay. Heard both the sides.

(2.) THE Petitioner-Bank held inquiry against the Respondent and dismissed him from service on the ground of misconduct. THE Respondent challenged the same before the Industrial Tribunal. THE Tribunal first framed a preliminary issue whether the domestic inquiry is valid or not. After hearing both the sides, the Tribunal held that the enquiry held against the workman was not fair since the employee was not given opportunity to engage an Advocate to defend him. Against this preliminary finding recorded by the Tribunal and being aggrieved by the same, the Bank has come up with this Writ Petition.