CHIEF EXECUTIVE OFFICER ZILLA PARISHAD BULDANA Vs. SHENPHAD

JUDGEMENT

(1.) BY the present petition, the petitioners have put to challenge the judgment and order dated 16.3.2002 passed by the Labour Court, confirmed by the Industrial Court in U.L.P. Revision No.5 of 2005 on 24.2.2006.

(2.) FACTS : The respondent/Gram Sevak had filed a complaint before the Labour Court, Akola, and challenged the order of his dismissal from service made by the petitioners. The petitioners appeared before the Labour Court and filed their written statement and in paragraph 6 thereof sought permission to lead evidence to prove the misconduct, if on preliminary issue the enquiry was found to be not fair and proper. The petitioners contended that they had held departmental enquiry into the misconduct committed by the respondent in which the respondent was found guilty and it was only thereafter the punishment of dismissal was imposed on him. The Labour Court accordingly framed a preliminary issue and held that the enquiry held against the respondent by the petitioners was not fair and proper.

(3.) THE petitioners thereafter preferred a revision before the Industrial Court. The Industrial Court, at the outset, as a fact, held that the respondent has already retired from service and all his legal dues or terminal benefits were paid to him by the petitioners in accordance with the order made by the Labour Court. His pension case was also settled and nothing remained to be done in the matter. The revisional court, therefore, confirmed the order made by the Labour Court on the settled legal position and dismissed the revision filed by the petitioners.