Pradipkumar Shantilal Shah was workman in
the Vardhaman Co-operative Bank Ltd. In that bank workman was working as a Peon
since 1985. The Manager bank is governed by the provisions of Bombay industrial
Relations Act, 1946. Workman was dismissed from
service on by petitioner Bank. His service was terminated because of loss of
confidence. At the time of termination one month's notice pay was paid
of Rs.9101/- to the concerned workman. This order of termination was challenged
by workman before Labour Court, Baroda.
Labour Court has granted
reinstatement with 35% back wages of interim period the order passed by
Industrial Court, Baroda. When a case of dismissal or discharge of an employee
is referred for industrial adjudication the labour court should first decide as
a preliminary issue whether the domestic enquiry has violated the principles of
natural justice. When there is no domestic enquiry or defective. The Manager of
Vardhman Co-operative Bank Ltd. has challenged order passed by Labour Court,
Baroda.
The Gujarat High Court held that Labour Court confirmed by Industrial Court is
perfectly justified and no interference is required by this Court while
exercising powers under Article 227 of the Constitution of India. Hence, there
is no substance in present petition. Accordingly, present petition is
dismissed. Rule is discharged. Interim relief, if any, stands vacated. The Manager
of bank implement the order of the
Labour Court as early as possible within a period of one month from date of
receiving copy of present order.