Western Coalfields Ltd., Thru. ... vs Taj Mohd. S/O Lal Mohammed
2015 Latest Caselaw 274 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR




                                                                                     
                                                             
                               WRIT PETITION NO. 307 OF 2009


                Western Coalfields Ltd.,




                                                            
                through the Sub Area Manager,
                Pipla Group of Collieries, Nagpur .......                      PETITIONER

                                      ...VERSUS...




                                              
                Taj Mohammed s/o Lal Mohammed,
                             
                aged about 53 years, R/o. Kusumbi,
                Tq. Saoner, Distt. Nagpur...                          RESPONDENT
                            
     -------------------------------------------------------------------------------------------
     Shri A.S.Mehadia, counsel for Petitioner.
     None for respondent.
     -------------------------------------------------------------------------------------------
      

                              CORAM: R. K. DESHPANDE, J.

                              DATE    : 2nd  SEPTEMBER, 2015 .
   



     ORAL JUDGMENT





                1]             The   challenge   in   this   petition   is   to   the   order

dated 05.09.2008 passed by the Central Government

Industrial Tribunal Cum Labour Court at Nagpur in Case No.

CGIT/NGP/102/2002. The Central Government Industrial

Tribunal Cum Labour Court has declared the action of the

petitioner Management as invalid and it is set aside.

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              2]               I have gone through the order impugned.   The




                                                                                       
              order   is   cryptic   and   vague.     It   does   not   take   into




                                                               

consideration the stand taken by the Management. No issue

was framed regarding fairness and legality of the enquiry

proceedings. The findings are recorded on merits of the

matter. From the order it does not seem that the parties are

given liberty to enter the witness box and to lead oral

evidence. The order impugned suffers from total non

application of mind to the controversy involved in the matter.

The order cannot, therefore, be sustained. The matter will

have to be sent back to the Central Government Industrial

Tribunal Cum Labour Court at Nagpur, for decision afresh.

3] In the result, the writ petition is allowed. The

order dated 05.09.2008 passed by the Central Government

Industrial Tribunal Cum Labour Court at Nagpur, in Case No.

CGIT/NGP/102/2002 is hereby quashed and set aside and

the matter is remitted back to the Central Government

Industrial Tribunal Cum Labour Court at Nagpur to decide the

same in accordance with law keeping in view the

observations made by this Court.

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Rule is made absolute in above terms. No orders as to

costs.

JUDGE

Rvjalit