DIVISIONAL CONTROLLER Vs. SUBHASH MAHADEV DESAI

JUDGEMENT

(1.) Maharashtra State Road Transport Corporation has filed this petition challenging the Award dtd. 26/3/2018 passed by the Presiding Officer, Labour Court-I, Kolhapur in Reference (IDA) No. 65 of 2014. By the impugned Award, the Labour Court has partly answered the Reference in affirmative and has set aside the Order dtd. 16/3/1998 dismissing the Respondent from service. The Labour Court has directed the Petitioner to reinstate the Respondent in service alongwith continuity and consequential benefits. The Labour Court has further directed payment of 30% backwages to the Respondent from 16/3/1998 till the date of reinstatement.

(2.) The Respondent was employed as a Bus Driver with the Petitioner-Transport Corporation and was deputed to drive the Bus on Belgaum-Kolhapur route on 9/11/1996. Apparently, an accident took place while the Respondent was driving the bus, which dashed against a private bus resulting in some damage to the bus. It is alleged that when Respondent approached the Police Station to report the accident, a private settlement took place between the Respondent and owner of the private bus. The owner of the private bus showed willingness to pay Rs.2,000.00 towards damages suffered to the Petitioner's bus. It is the case of the Respondent that the said amount received from private bus owner was duly deposited by him with the Kolhapur Depot. Disciplinary proceedings were initiated against the Respondent by issuance of Memorandum of Chargesheet dtd. 15/11/1996. In the domestic enquiry, Respondent was found guilty and by Order dtd. 16/3/1998, penalty of dismissal from service was imposed on him. The First Appeal and Second Appeal preferred by the Respondent against the order of dismissal were rejected, last order being passed on 16/3/2001. Respondent apparently did not agitate the matter further and it is the case of the Petitioner that the matter attained quietus.

(3.) Respondent approached the Deputy Labour Commissioner raising a grievance about his dismissal on 13/3/2014 and a Reference was made to the Industrial Court, Kolhapur, which was numbered as Reference (IDA) No. 65 of 2014. By the impugned Award, the Labour Court has partly answered the Reference in the affirmative and has set aside the penalty of dismissal from service imposed on Respondent and has directed his reinstatement with continuity in service, consequential benefits and 30% backwages. The Petitioner-Corporation is aggrieved by the Labour Court's decision and has filed the present petition.