Guwahati Court July 2015 Judgments
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Siddartha Chakraborty Vs. The United Bank of India, Represented by Cha ...
Court: Guwahati
Decided on: Jul-30-2015
Judgment and Order: 1. Heard Mr. A. Dasgupta, the learned Senior Counsel appearing for the petitioner. The respondent United Bank of India (UBI) and their officers are represented by the learned Senior Counsel Mr. S. Dutta. 2. While serving as a Cash Clerk in the Ulubari Branch of the UBI, the petitioner was found to have committed misappropriation through fictitious Debit in Saving Book Accounts and accordingly a disciplinary proceeding was drawn up against him. Eventually the delinquent was dismissed from service on 20.12.1985 and this was subject to a reference, under the Industrial Disputes Act, 1947 (hereinafter referred to as the I.D. Act ). After due consideration the Industrial Tribunal upheld the order of dismissal. 3. The delinquent challenged the 20.1.2000 Award of the Industrial Tribunal through the WP(C) NO.635/2001, where the dismissal order was assailed on the ground that the management failed to secure the approval from the competent authority under Section 33(2)(d) of ...
Chakra Seal Vs. Management of Nonoipara Tea Garden, Mangaldoi, Darrang ...
Court: Guwahati
Decided on: Jul-23-2015
Judgment and Order (Oral): 1. Heard Mr. B. Chakraborty, the learned counsel appearing for the petitioner, whose service was terminated in pursuant to a disciplinary proceeding. The Management of the Nonaipara Tea Garden is represented by the learned counsel Mr. K. Goswami. 2. The petitioner was engaged as a casual worker in the year 1984 in the Nonaipara Tea Estate and thereafter on 01.02.1995 he was appointed as a driver. On 22.04.2001 the Gypsy vehicle driven by the petitioner met with an accident in the Chandrapur area and since the accident spot was a detour from the National Highway (normal route for the journey from Jorhat to Guwahati), the petitioner was suspended and a charge memo was drawn up against him by the Manager on 04.05.2001 (Annexure-I) with the following allegation: On 22nd April, 2001 defying instructions given to you by the Manager, you had allegedly taken the Company Gypsy bearing registration No.AS-01-H-1995 to a village in Chandrapur area, which is about 30 kms ...
Rehena Begum Vs. State of Assam, Represented by the Secretary to the G ...
Court: Guwahati
Decided on: Jul-21-2015
1. Heard Mr. NN Karmakar, learned counsel for the petitioner and Mr. SN Sarma, learned Senior Counsel assisted by Mr. A Zahid, learned counsel for respondent No.3. Also heard Mr. BJ Talukdar, learned Govt. Advocate, Assam. 2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to respondent No.1 to pass an order modifying the award dated 30.03.2013, passed by the learned Labour Court in Ref. Case No.2/2012 in accordance with the provisions of Section 17A of the Industrial Disputes Act, 1947. 3. Petitioner is the workman and respondent No.3 is the management. 4. An industrial dispute was raised, which ultimately led to issuance of notification by the appropriate Govt. i.e., the Govt. of Assam, Labour and Employment Department on 28.03.2012 making a reference to the Labour Court, Assam for adjudication of the following two issues:- (i) Whether the management of Green Field Tea Warehouse, Panjabari, Guwahati-37, Dist-Kamrup (Assam) is justi...
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