MAHARASHTRA STATE ELECTRICITY BOARD Vs. VISTRI GUNJAJI KAMBLE

JUDGEMENT

(1.) The matter was heard on 25.09.2012, 28.09.2012 and thereafter today.

(2.) Shri Moharir, learned counsel for the petitioner submits that after conviction by a Competent Court of law and in exercise of statutory power conferred by Regulation 10(a) of the Maharashtra Electricity Supply Board Employees Service Regulations, Respondent No. 1 (now deceased through LRs) was terminated. The exercise of that power and termination has been unnecessarily mixed and confused with Model Standing Orders by the Presiding Officer, Labour Court, Nagpur. IDA Reference relating to that termination needed to be answered in negative. He is relying upon the relevant provisions of the Electricity Supply Act, 1948 and Maharashtra State Electricity Board Employees Service Regulation for said purpose. The judgment of the Hon'ble Apex Court in the case of M. P. Vidyut Karamchari Sangh vs. M. P. Electricity Board, 2004 2 LLJ 470, is also pressed into service to show that in such situation, the service regulations framed by Board have to prevail.

(3.) Shri Jaiswal, learned counsel for legal heirs of Respondent No. 1 supports the award delivered by Labour Court.