Search Results Page

Search Results

1 - 5 of 5 (0.52 seconds)
Documents citing Parikshatbhai Madhavbhai Patel vs Divisional Controller, G.S.R.T.C., ... on 25 June, 1999

Surat District Co-Operative Bank Ltd. vs Dinyar Erach Nalladaru And Anr. on 30 March, 2006

However, even if the provisions of Section 11A of the I.D. Act could be pressed into service, in the case of Parikshatbhai Madhavbhai Patel (supra), Division Bench of this Court stated that same principle would be applicable viz. when there is want of good faith, victimisation, unfair labour practice, etc. and otherwise, the Labour Court or the Industrial Court is not justified in undertaking re-appreciation of the evidence by acting as a Court of appeal and substituting its own judgment, once the inquiry report of the domestic Court is found to be legal and proper.
Gujarat High Court Cites 23 - Cited by 0 - Full Document

Deepak Nitrite Ltd. vs N.H. Rana on 28 December, 2001

"In our opinion, in the light of the law laid down by the Apex Court, it cannot be said that the powers of the Labour Court under Section 11A of the Act are absolute or unqualified. The Labour Court can exercise the said power only when it is satisfied that the dismissal was not justified. In the facts and circumstances, the action of dismissal of workman cannot be said to be unjustified and hence in our opinion, the learned Single Judge was right in holding that the Labour Court exceeded its jurisdiction in passing the award impugned in the petition."
Gujarat High Court Cites 36 - Cited by 0 - Full Document

Gujarat State Road Transport ... vs Amirkhan Jamiyatkhan Aagvar on 23 March, 2001

5.3 Similar other judgment has also relied upon by the learned Counsel for the respondent. However, in my view, in view of the decisions of the Hon'ble Apex Court in the case of Janatha Bazar (South Kanara Central Co-operative Wholesale Stores Ltd.) v. Secretary, Sahakari Noukarara Sangh (supra) and Division Bench judgment in the case of Parikshatbhai Madhavbhai Patel (supra) which I have referred earlier, the subsequent Division Bench judgment of this Court it is not possible to agree with the findings of the Labour Court in this behalf and in my view looking to the grave misconduct committed by the respondent- employee, the tribunal is not justified in awarding the punishment and giving 35% back wages to the respondent in this behalf. The Tribunal was also not justified in reinstating the respondent on the post of peon/helper.
Gujarat High Court Cites 21 - Cited by 1 - Full Document

Gujarat State Road Transport ... vs D.H. Patel on 3 May, 2001

6.5 Learned counsel for the Corporation has relied upon judgment of this Court in the case of Parikshatbhai Madhavbhai Patel Vs. Division Controller, G.S.R.T.C. Surat reported in 2000(1) G.L.H. 31. In that case, appellant-employee Parikshatbhai Madhavbhai Patel was working as conductor with the Corporation. It was a case of the Corporation that when the appellant was on duty on Olphad-Punit route under Surat Depot, his bus was checked and it was found that though the appellant had collected amount of fare from certain passengers, he had not issued tickets nor he had closed way bill. A report was made and an inquiry was conducted against him wherein he was found guilty. He was, therefore, dismissed from service with effect from November 14, 1995.
Gujarat High Court Cites 25 - Cited by 0 - Full Document

G.S.R.T.C. vs Dhirubhai J. Joshi on 3 May, 2001

7.1(C) Learned counsel for the Corporation has relied upon judgment of this Court in the case of Parikshatbhai Madhavbhai Patel Vs. Division Controller, G.S.R.T.C. Surat reported in 2000(1) G.L.H. 31. In that case, appellant-employee Parikshatbhai Madhavbhai Patel was working as conductor with the Corporation. It was a case of the Corporation that when the appellant was on duty on Olphad-Punit route under Surat Depot, his bus was checked and it was found that though the appellant had collected amount of fare from certain passengers, he had not issued tickets nor he had closed way bill. A report was made and an inquiry was conducted against him wherein he was found guilty. He was, therefore, dismissed from service with effect from November 14, 1995.
Gujarat High Court Cites 17 - Cited by 0 - Full Document
1