DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION CHANDRAPUR Vs. GIRIDHAR RAGHUNATH DERKAR

JUDGEMENT

(1.) LEGALITY and correctness of the award passed by the Labour Court, Chandrapur on 22-6-1993 is under challenge in this writ petition.

(2.) THE only contention raised by the learned Counsel for the petitioner Corporation is that the Labour Court, Chandrapur has committed serious error of law in setting aside the punishment of dismissal awarded to the respondent as shockingly disproportionate despite the fact that the Labour Court found that enquiry conducted into the conduct of the respondent was just and fair and that the findings recorded by the Enquiry Officer were legal, correct and based on the principles of natural justice. The learned Counsel for the petitioner Corporation contended that in one years service, the respondent has indulged into misconduct of misappropriation three times and twice before the present incident, the respondent was found guilty of the misconduct of misappropriation of the petitioner Corporations funds and, therefore, punishment of dismissal was just and proper which has wrongly been set aside by the Labour Court, Chandrapur.

(3.) ON the other hand, Mr. Bhoyar, the learned Counsel for respondent-employee submitted that the present enquiry into the misconduct of the respondent related to misappropriation and previously, the respondent was not charged for carrying without ticket passengers and since the Labour Court has rightly exercised the discretion in the facts and circumstances of the case, it is not open to this Court to substitute the finding recorded by the Labour Court. Mr Bhoyar in support of his arguments has relied upon (Scooter India Limited v. Labour Court, Lucknow and others) A. I. R. 1989 S. C. 149; (Baldev Singh v. PO, Labour Court Patiala and another) A. I. R. 1987 S. C. 104; (Gujarat State Road Transport Corporation v. Danaji Sukaji Kodiyar) 1994 (I) C. L. R. 606 and judgment of this Court in (Sudhakar Haribhau Dadhe v. PO, 2nd Labour Court and another) Writ Petition No. 976 of 85, decided on June 19, 1992.