SONU MAHADEO CHAVAN Vs. PUNE MUNICIPAL TRANSPORT

JUDGEMENT

(1.) The Petition has been filed to challenge the award of the Labour Court, Pune dated 13.7.1998 by which the Labour Court has denied continuity of service and backwages to the petitioner.

(2.) The facts in the present case are not in dispute. On 16.8.1979, the petitioner was dismissed from service after being found guilty of misconduct in an enquiry held against him. The misconduct alleged against the petitioner was that he had committed a fatal accident while driving a bus owned by the respondent. The petitioner was also prosecuted for the same charge. Although the dismissal order is dated 16.8.1979, the petitioner approached the conciliation officer only on 16.7.1987. A reference was made for adjudication before the Labour Court in 1988. The Labour Court did not accept the contention of the Respondent that an enquiry was held since the enquiry proceedings were not placed on record. The respondent attempted to prove the charges levelled against the petitioner by leading evidence before the Labour Court.

(3.) The Labour Court, after considering the evidence on record, held that the respondent had failed to prove the charge of misconduct against the petitioner. On the basis of this evidence, the Labour Court concluded that the misconduct was not proved by the respondent. However, while considering the reliefs to be granted to the petitioner the Labour Court directed reinstatement without continuity of service and backwages. The reasons for denying the petitioner continuity of service and backwages was that he had approached the Labour Court after an inordinate delay and therefore he was not entitled to continuity of service. Furthermore, the Labour Court held that there was no need to grant continuity of service to the workman since he was involved in a criminal case in which admittedly he was acquitted. As regards backwages, the Labour Court accepted the statement made by the petitioner that he was earning Rs. 500/- to Rs. 600/- per month by obtaining some casual work after he was terminated from service. However, the Labour Court denied full backwages to the workman.