Maharashtra State Co-Operative ... vs Ashok S/O Narayan Gujalwar
2021 Latest Caselaw 17210 Bom

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

                          WRIT PETITION NO. 5111/2021
         Maharashtra State Co.Op Marketing Federation Ltd ...Versus...Ashok
                               Narayanrao Gujalwar
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                            Mr. P.D.Meghe, Advocate for petitioner



                                                                         CORAM : AVINASH G. GHAROTE, J.

DATE : 09/12/2021

Heard Mr. Meghe, learned counsel for the petitioner, who submits that once the learned Labour Court had arrived at a finding that the enquiry was fair and reasonable by its order dated 28.05.2007, it was not open for the learned Labour Court to permit the parties to tender evidence again, however, that was done and was considered for holding that the findings of the Enquiry Committee were perverse, which is a course according to the learned counsel for the petitioner, not permissible in law, for which reliance is placed upon The Cooper Engineering Ltd. vrs. Shri P.P.Mundhe, (1975) 2 SCC 661 (para 22). He further submits that merely because the complainant had entered into the witness box, as a reflex action, the petitioner also had filed the affidavit of evidence, however, the petitioner had not stepped into the witness box and therefore that action cannot be considered against the petitioner. He therefore submits that the entire procedure adopted by the learned Labour wp5111.21.odt

Court was contrary to the settled position of law which has resulted in causing serious prejudice to the petitioner. The judgment in revision is also contended to be incorrect for the same reason.

Issue notice for final disposal to the respondents, returnable on 21.12.2021.

Hamdast granted.

JUDGE rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:09.12.2021 17:30