EXECUTIVE ENGINEER,MAHARASTRA STATE ELECTRYCITY DISTRIBUTION COMPANY LTD., TULJAPUR AND OTHERS Vs. NARAYAN BHIMA MALI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of parties.

(2.) Being aggrieved with the judgment and order dated 26.4.2012 passed by the learned Industrial Court, Latur in Complaint (ULP) No. 72 of 2010 filed under Sec. 28(1), Item Nos. 9 and 19 of Scheduled IV of the MRTU & PULP Act, the petitioners, resorting to remedy under Art. 226 and 227 of the Constitution of India, preferred the present writ petition, to redress their grievances.

(3.) The present respondent is the employee, working as Assistant Technician in the office of present petitioners i.e. MSEDCL, Division Tuljapur, Dist. Osmanabad. The respondent is in service of the petitioners since last 22 years. However, on 30.12.2006, the petitioners - employer issued a charge sheet to the respondent with allegations of absenteeism and misconduct during the course of his service. The respondent - original complainant submitted his reply to the allegations mentioned in the charge sheet. The employer/management did not satisfy with the reply of the complainant/employee and proceeded to conduct the Disciplinary Enquiry to prove the charges against the respondent. The Enquiry Officer, after considering the evidence adduced on record, arrived at the conclusion that the respondent/employee is guilty of charges of misconduct and absenteeism. Pursuant to the findings of the Enquiry Officer in disciplinary proceedings, the employer imposed punishment of stoppage of two years increments permanently and recovery of ⅓rd of the wages for the month of June, 2007 and also fine.