BAJAJ ELECTRICALS LTD. Vs. NANDKISHORE KANOJIA

JUDGEMENT

(1.) THE Petitioner has filed this petition under Articles 226/227 of the Constitution of India, challenging the Order dated 6 -12 -95, Annexure P -7, passed by the Respondent No. 2, the Appellate Authority under Section 58 (2) of the Madhya Pradesh Shops and Establishments Act 1958 (henceforth 'the Act'). This petition is being decided under the Article 227 of the Constitution as it is not necessary to invoke the power of this Court under Article 226.

(2.) THE undisputed facts in this petition are as follows:

(3.) A domestic enquiry was held by the Petitioner. In that domestic Enquiry, Shri R.K. Bose, the standing counsel of the Petitioner, was appointed as the enquiry officer. The enquiry officer submitted his report, dated 11 -3 -93, to the Petitioner holding that the charges Nos. (i), (ii), (iii) and (iv) were proved. As a consequence of the report of the Enquiry officer, the Petitioner terminated the services of the Respondent No. 1 by order dated 2 -6 -93, Annexure P -5.