STATE OF MAHARASHTRA Vs. GHANSHYAM KRISHNARAO MORGHATED

JUDGEMENT

(1.) By this petition, the petitioners impugn the order passed by the Industrial Court, Nagpur on 5.12.2000 allowing the complaint filed by the respondent and setting aside the punishment imposed by the petitioners on the complainant on 22.5.1990.

(2.) The respondent had filed a complaint before the Industrial Court Nagpur under section 28 read with item no.9 of Schedule IV of the M.R.T.U. & P.U.L.P. Act. It was the case of the complainant that while he was working as Milk Dispatcher, he was served with the chargesheet. It was the case of the petitioners that the respondent had boarded the jeep of petitioners, bearing No. MZV 1207 without permission of his superior and misused the vehicle. While the jeep was being misused it met with an accident and loss was caused to the petitioners. Departmental enquiry was conducted against the respondent/ complainant. After holding the departmental enquiry the punishment was inflicted on the respondent of stoppage of one increment on permanent basis. The respondent challenged the order passed by the petitioners by filing the complaint.

(3.) The Petitioners filed reply and resisted the case of the respondent. It was denied that false charges were leveled against the respondent and he was not allowed to engage a lawyer. It was denied that the petitioners did not supply the necessary documents which were demanded by the respondent. According to the petitioners the order dated 22.5.1990 was legal. The petitioners pleaded that the respondent had committed serious misconduct by unauthorizedly utilizing the vehicle of the petitioners when the respondent was not on duty. It was stated that the departmental enquiry was held by following the principles of natural justice. Since the misconduct was proved against the respondent, the petitioners sought for the dismissal of the complaint. The Industrial Court, however, by the impugned order dated 5.12.2000 allowed the complaint and set aside the order of punishment dated 22.5.1990.