DIVISIONAL CONTROLLER Vs. SHEIKH JAMAL SHEIKH CHAND

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties.

(2.) By this petition, the petitioner Maharashtra State Road Transport Corporation impugns the judgment passed by the Industrial Court, Yavatmal, on 29.6.2010 allowing the revision filed by the respondent and reversing the order passed by the Labour Court, Yavatmal, dismissing the complaint filed by the respondent on 31.12.2008.

(3.) The respondent was working with the petitioner as a driver. It was the case of the Corporation that the Depot Manager, Wani, had submitted a report to the Divisional Controller on 11.3.1998 stating therein that the respondent had misbehaved with the Assistant Traffic Superintendent and abused him in filthy language. On the basis of the report submitted by Shri Ingle, a charge sheet was issued against the respondent and a departmental inquiry was conducted. The Inquiry Officer found that the respondent was guilty of the charge levelled against him and the punishment of dismissal was proposed. The respondent was dismissed from service by an order dated 31.12.1998. A departmental appeal filed by the respondent against the order of dismissal was dismissed. The respondent then filed a complaint before the Labour Court under the provisions of MRTU and PULP Act. The respondent claimed reinstatement in service with continuity of service and back wages. The Labour Court dismissed the complaint filed by the respondent. However, on re appreciation of the evidence on record the Industrial Court reversed the findings recorded by the Labour Court and allowed the complaint filed by the respondent.