DIVISIONAL TRAFFIC OFFICER AND DIVISIONAL CONTROLLER, M.S.R.T. CORPORATION, KOLHAPUR DIVISION Vs. SHRI ILAHI AKBAR BAGWAN

JUDGEMENT

(1.) THIS is a Revision by an employer challenging legality of judgment and order passed in Complaint (ULP) No. 163 of 1988 by the Labour Court, Kolhapur, whereby he is directed to reinstate his employee as a fresh recruit on fresh scale. Admittedly, present Opponent (hereinafter referred to as "the Complainant") was working with present petitioner (hereinafter referred to as "the State Transport Corporation") as a driver. The State Transport Corporation served a charge -sheet dated 15th January, 1983 upon him alleging misconducts under items 11, 22, 27 and 42 of its Discipline and Appeal procedure alleging that he drove corporation's bus on 8th June, 1982 at Nipani Gargoti Road in a high an excessive speed in violation of corporation's circular and caused damage to the bus as well as injured passengers therein. The Complainant denied the allegations and then an enquiry took place. In the enquiry, the Complainant was found to be guilty and then was dismissed with effect from 27th September, 1983.

(2.) IT is case of the Complainant that the enquiry was farce. No proper opportunity was given to him to defend himself and principles of natural justice were not violated. Besides, no relevant documents were supplied to him. Findings of the of the Enquiry Officer are false and baseless. The Enquiry Officer acted as a prosecutor -cum -judge.

(3.) ON above stated grounds, the Complainant prayed for requisite declaration by setting aside his dismissal order and other consequential relief s.