EXECUTIVE ENGINEER (CIVIL) MSETCL Vs. SHRIKANT MADHUKAR

JUDGEMENT

(1.) Heard Mr. Zoting, learned counsel for the petitioner in WP No.7219/2019 & for respondent No.1 in WP No.617/2019 and Mr. Deshpande, learned counsel for the respondent in WP No. 7219/2019 and for petitioner in WP No. 617/2019.

(2.) The petition challenges the judgment dtd. 14/6/2017 passed by the learned Labour Court partly allowing the complaint filed by the respondent, thereby setting aside the order of dismissal dtd. 27/7/2006 of the respondent and directing reinstatement with continuity of service without back-wages (pg.45). This was challenged before the learned Industrial Court by way of Revision No. 22/2017 by the present petitioners, questioning the reinstatement and in Revision No.27/2017 by the respondent/employee, questioning the denial of back-wages. The learned Industrial Court by the judgment dtd. 4/10/2018 (pg.32) has dismissed both the revisions, as a result of which Writ Petition No. 7219/2019 has been filed by the petitioners questioning the reinstatement and Writ Petition No. 617/2019 has been filed by the respondent/employee questioning the denial of back-wages.

(3.) In so far as the challenge to the reinstatement and consequential benefits are concerned, Mr. Zoting, learned counsel for the petitioners in WP No.7219/2019, submits that the respondent/employee who was the plumber in the service of the petitioners, on account of the water scarcity in the city of Akola, was directed to switch off water coolers and on 2/6/2005 when one Shri Verulkar was occupying the rest house and the water cooler was running, had switched it off; the same was again switched on by Mr. Verulkar, whereupon the instructions of the employer were brought to his notice, which were ignored by him and a complaint was made against the respondent/employee of abusing him in a filthy language and also assaulting him.