DIVISIONAL CONTROLLER Vs. NARENDRA MUKUNDRAO GULHANE

JUDGEMENT

(1.) BY this petition, under Articles 226 and 227 of constitution of India, the petitioner/msrtc is challenging the judgment and order dated 6-12-1988 delivered by first Labour Court, Nagpur in Complaint (ULPA) No. 1059/1987 and subsequent order dated 16th July, 1991 passed by the learned Member of the Industrial Court, Nagpur in Revision (ULPN) No. 39/1989, upholding the judgment and order of the Labour Court.

(2.) THE respondent is working as driver with petitioner. On 15-1-1983 he was working as driver on a but proceeding from Chandrapur to Arrive and said bus met with an accident and jeep having No. MTE - 1976 dashed with it. The charge in the charge-sheet is that with a view to stop the said jeep, which was coming from opposite side, the MSRTC bus was taken to right hand side, and at the same time, the jeep driver also took his jeep to his correct side, i. e. left hand side and hence both the vehicles came in front of each other and there was the accident. It is alleged that without reducing the speed of his vehicle, the respondent/driver continued to drive his but recklessly and to give side to the jeep coming from opposite direction, he took his bus to a wrong side of the road. Therefore, charge-sheet, for the charges falling under clauses 11 and 42 of Schedule A of Discipline and Appeal Procedure, was served upon the respondent. After departmental enquiry on 28-9-1987 punishment of dismissal was imposed upon him and he was dismissed from msrtc service w. e. f. 29-9-1987.

(3.) THE respondent challenged his dismissal before the Labour Court by filling Complaint (ULPA) No. 1059/1987 under section 28 of the M. R. T. U. and p. U. L. P. Act and took a defence that at the place of accident, the jeep was coming from opposite direction on wrong side and in excessive speed. He stated that the jeep was being driven in zig zag manner and, therefore, to avoid collision, he took the bus to right hand side of the road when the driver of the jeep also brought his jeep to left hand side and, therefore both the vehicles came on same side of the road in front of each other and the jeep gave dash to the bus with great force. He stated that because of this impact, the jeep driver died on the spot while two other occupants in the jeep were injured. He stated that he was not at all responsible for the said accident and the sole fault was that of jeep driver, the learned Labour Court, after appreciation of evidence on record, found that the findings reached by the Enquiry officer are perverse and, therefore, had granted relief of reinstatement with full back wages and continuity of service to the respondent.