Shri Dattatraya Madhukar Gurjar v. Tata Engineering And Locomotive Co. Ltd., And ANR.

wp3706-99.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3706 OF 1999 Shri Dattatraya Madhukar Gurjar

...Petitioner

vs Tata Engineering & Locomotive Co. Ltd. & Anr.

...Respondents

.....

None for the Petitioner.

Mr. Kiran Bapat, a/w. Ms. Shanaya Kapoor and Mr. Rushi Mathur, i/b. M/s. Mulla & Mulla CBC, for the Respondents.

......

CORAM : S.C. GUPTE, J.

DATED: MARCH 31, 2016 P.C. :

.

None for the Petitioner. Even on the last two occasions, none appeared for the Petitioner. The petition challenges an award dated 10 July 1998. The Petitioner was dismissed by an order of dismissal dated 19 December 1990. There was a grave charge against the Petitioner of having assaulted a senior officer. An enquiry was duly held and the charges against the Petitioner were found proved. By an order dated 19 December 1990, the Petitioner was dismissed by Respondent No.1. The dismissal has been found to be in order by the Labour Court by Part I and Part II award, respectively, dated 21 September 1996 and 10 July 1998. The Labour Court has found that the enquiry was duly conducted and the findings of the Enquiry Officer were true and correct and that the order of dismissal was proportionate to the charges proved against the delinquent employee. No cause is shown by Pg 1 of 2

wp3706-99.doc the Petitioner for interference with the impugned order. The petition is, accordingly, dismissed. No order as to costs. ( S.C. GUPTE, J. ) Pg 2 of 2