DIVISIONAL CONTROLLER Vs. RAMDAS GULAB

JUDGEMENT

(1.) Heard Shri Wankhede, learned counsel for the petitioner and Shri Khan, learned counsel for the respondent.

(2.) By this writ petition, the petitioner State Road Transport Corporation is challenging the order dated 17.4.1995 passed by the Industrial Court, Amravati, in Revision under Section 44 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, (hereinafter referred to as MRTU & PULP Act). The Labour Court dismissed Complaint (ULP) No.393 of 1989 filed by present respondent challenging the order of dismissal of his service after departmental enquiry on 16.8.1989. The Industrial Court has not disturbed that order but on humanitarian ground the petitioner has been directed to withdraw the dismissal and reinstate the respondent as fresh employee. This direction of Industrial Court is stayed by this court on 12.3.1997.

(3.) Shri Wankhede, learned counsel for the petitioner, by placing reliance upon the judgment of the Hon'ble Apex Court in the case of Divisional Controller, N.E.K.R.T.C. vs. H. Amaresh, reported at (2006) 6 SCC 187, contends that once a misconduct of grave and serious nature was proved against the employee, the Industrial Court could not have exercised revisional jurisdiction and shown any mercy to him. He contends that in these circumstances, maintenance of standard of discipline and therefore quantum of punishment are the domain of employer and the Industrial Court has acted without jurisdiction by directing reinstatement of such an employee. He has also invited attention to discussion in this respect as done by the Labour Court in its judgment dated 19.9.1990 and also to past service record of the respondent.