THE DIVISIONAL CONTROLLER Vs. DHANANJAY SUDHAKARI DIXIT

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) The Petitioner/ Maharashtra State Road Transport Corporation is aggrieved by the judgment of the Labour Court dated 22.08.2017 by which, Complaint (ULP) No.49/2016 filed by the Respondent/ Employee challenging his termination dated 17.04.2012, made effective retrospectively from 31.07.2009, was allowed. The Petitioner is also aggrieved by the judgment of the Industrial Court dated 18.07.2018 by which, Revision (ULP) No.23/2017 filed by the Petitioner/ Corporation, has been rejected.

(3.) The contention of the Petitioner/ Corporation is that the Respondent/ employee suffered an accident on 20.04.2008 when he was discharging his duties as a conductor on the MSRTC Bus traveling from Latur to Hyderabad. From the date of the accident till 30.06.2009, the Respondent was under treatment. His two legs below the knees suffered multiple fractures. On 31.07.2009, the Civil Surgeon issued the medical certificate declaring that the Respondent was not fit for performing the job of a conductor as he could not stand on his two legs for longer durations. The Petitioner Corporation issued an order of termination dated 17.04.2012 and terminated the services of the Respondent with retrospective effect from 31.07.2009.