RAMESH GOVINDRAO KHADE Vs. MAHARASHTRA STATE ROAD TRANSPORT

JUDGEMENT

(1.) BY this petition, the petitioner impugns the judgment passed by the Industrial Court, Yavatmal on 28.6.2001 allowing the revision filed by the respondent ' corporation and setting aside the order of the Labour Court reinstating the petitioner in service, but without back wages.

(2.) THE petitioner had filed a complaint before the Labour Court alleging therein that the respondent corporation had indulged in unfair labour practice by terminating his service as a Bus Conductor. On 24.4.1994, when the petitioner was on duty on Darvha to Kalhi route, the bus was checked by the checking party at Sakhartanda. It was found by the checking party that 17 passengers were travelling without ticket and cash of Rs.8.00 was found less. The checking party submitted the report. It was the case of the corporation that the petitioner had collected the fare from 16 passengers, but had not issued tickets to them and one passenger had not paid the fare. After holding the departmental enquiry the petitioner was dismissed from service on 19.2.1996.

(3.) SHRI G.G. Mishra, the learned counsel for the petitioner submitted that the jurisdiction of the Industrial Court in revisional powers was extremely limited and the Industrial Court was not justified in reversing the findings recorded by the Labour Court on the proportionality of the punishment. The learned counsel for the petitioner submitted that the petitioner was about to issue tickets to the passengers after collecting fare from them, but the bus was checked at the relevant time. The learned counsel for the petitioner has submitted that the Labour Court had rightly considered the default card of the petitioner along with the findings of the Enquiry Officer to hold that the punishment was disproportionate and the Labour Court had therefore, rightly reinstated the petitioner in service, but without back wages.