RABIYA KHATUN Vs. M.S.R.T.C.

JUDGEMENT

(1.) HEARD Shri Jagdale for the petitioners, and Shri Wankhede for the respondent.

(2.) BY this petition, the petitioners impugn the order passed by the Labour Court, Akola, on 13.2.2001 dismissing the Complaint ULP No. 19 of 1995 filed by the original complainant Shri Abdul Rehman, as also the judgment passed by the Industrial Court, Akola, on 2.2.2007, in Revision ULP No. 30/2001 confirming the judgment passed by the Labour Court, Akola, on 13.2.2001.

(3.) IT was the case of the complainant before the Labour Court that the punishment of dismissal was shockingly disproportionate to the alleged act of misconduct committed by him. The Court had recorded a finding that the complainant was absent without intimation for a period of 114 days and the punishment of dismissal cannot be said to be shockingly disproportionate to the act of misconduct commuted by the complainant. While passing the impugned order, the Labour Court considered the past service record of the complainant which was produced by the respondents along with the list at Exh. 33. The record showed that minor penalties were imposed on the complainant for similar misconduct. In this background, according to the Labour Court, the punishment of dismissal was not disproportionate. The findings recorded by the Labour Court were upheld by the Industrial Court in the revision filed by the complainant.