VIJAYA Vs. MSRTC

JUDGEMENT

(1.) Heard.

(2.) On a perusal of the petition and the impugned judgment dated 20.4.2012 along with the judgment passed by the Labour Court on 9.4.2008, it appears that the Industrial Court was justified in reversing the judgment passed by the Labour Court. The Labour Court had clearly held that the inquiry conducted against the petitioner was fair and proper and the findings recorded by the Inquiry Officer were not perverse. The Labour Court found that the past record of the petitioner was unblemished. However, the Industrial Court on a perusal of the previous record of the petitioner found that the petitioner had committed similar misconduct for which the petitioner was asked to pay a fine of Rs. 5,000/. The Industrial Court found that on 30.1.2006 the petitioner had reissued used tickets to four passengers. The Industrial Court held that the Labour Court was not justified in holding that the previous record of the petitioner was unblemished. Considering the misconduct and the past service record and also the Discipline and Appeal Rules, the Industrial Court rightly held that the Labour Court was not justified in interfering with the punishment imposed by the Corporation on the petitioner. The Industrial Court held, and rightly so that the punishment of dismissal was not shockingly disproportionate to the act of misconduct committed by the petitioner. The judgment appears to be just and proper and calls for no interference in exercise of the writ jurisdiction. In the result, the writ petition is dismissed with no order as to costs.