1 D.B.Special Appeal(Writ) No.1870/2008 Rajasthan State Road Transport Corporation V/s Pradeep Kumar Nagar and anr. 17.11.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.M.K.Verma for the appellant. Heard learned counsel for the appellant. Perused the order impugned. By the order impugned, the learned Single Judge of this Court has affirmed the order passed by the labour court in terms of Section 33(2)(b) of the Industrial Disputes Act. On plain reading of the order impugned and on appreciation of the facts, it appears that the application filed by the employer under section 33(2) (b) of the Act was rejected on the ground that domestic enquiry held was neither proper nor fair. The learned Single Judge of this Court, on appreciation of facts and pleadings of the parties, affirmed the order of the labour court, placing reliance on the judgment of the apex court rendered in Binny Limited V/s Their Workmen (S.C.) F.L.R. 1972 (25) page 74. At the same time, the learned Single Judge also placed reliance on the case of Shambu Nath Goyal V/s Bank of Baroda & ors., 1984 Factories Journal Reports Vol.64 page 37. It appears to be a case of concurrent findings of fact and in special appeal, in our view, no interference would be required, in view of the case of 2 Sadhana Lodh Vs. National Insurance Company Ltd. & Anr., (2003) 3 SCC, 524. This appeal accordingly is dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar