BALU NAMDEVRAO MULE Vs. GENERAL MANAGER

JUDGEMENT

(1.) By this petition, Petitioner challenges judgment and order dtd. 27/8/2007 passed by the Industrial Court, Mumbai dismissing Appeal (IC) No. 100/2006 filed by Petitioner challenging the judgment and Order dtd. 12/1/2006 passed by the Labour Court, Mumbai rejecting his Application (BIR/MISC.) No.58/2003. That Application was filed by Petitioner under the provisions of Ss. 78 and 79 of the Bombay Industrial Relations Act, 1946 (BIR Act) seeking setting aside of order of dismissal from service.

(2.) Facts of the case are that Petitioner was appointed as a Bus Driver in Respondent-Undertaking in the year 1993 and was posted at Colaba Bus Depot. While driving bus No. 6733 on route 132/6 on 9/2/2003, an accident occurred at 19.50 hrs at Kalaghoda, Mumbai where a pedestrian was knocked down by front portion of the bus. Upon being admitted in the hospital, the pedestrian was declared dead.

(3.) An offence was registered against the Petitioner at Colaba Police Station vide C.R. No.35/2003 under Ss. 279 and 304A of the Indian Penal Code. Additionally, the RespondentUndertaking initiated disciplinary proceedings against him by issuing Memorandum of Chargesheet dtd. 24/2/2003 alleging misconduct under Standing Order 20(j) of "habitual or gross neglect of work or habitual or gross negligence". The Chargesheet was issued by Assistant Traffic Superintendent (Colaba). Petitioner was placed under suspension by order dtd. 25/2/2003.