THE GENERAL MANAGER Vs. SHRI DNYANOBA VITHOBA KACHARE

JUDGEMENT

(1.) THE present Appeal is preferred by the Original Opponent i.e. BEST Undertaking against the judgment and order passed by the 7th Labour Court dated 25th October 2001, whereby the said Court allowed the Appln. (BIR) No. 26/2000 and thereby directed that the Applicant Bus Driver -Mr. Kachare should be reinstated in his post by continuity of service and full backwages. The said Court also declared that the punishment of dismissal is shockingly disproportionate.

(2.) IT is the contention of the Applicant that enquiry is not conducted in fair and proper manner. The Trying Officer in haste completed the enquiry on one day i.e. 16th September 1999. It is the grievance that he was not shown his past record before imposing the punishment of dismissal due to which he could not defend and explain regarding his past record or the punishment given previously in respect of misconduct of absenteeism. One of the contention is that the Trying Officer had not issued showcause notice in respect of proposed punishment of dismissal so that the same could not be defended in respect of proposed punishment of dismissal. The another contention is that the Trying Officer has not considered the excellent driving record, good conduct and good general service record of the Applicant while awarding him the punishment of dismissal.

(3.) APPLICANT contended that out of the said alleged period of 80 days absenteeism, only for 9 days there was a pure absenteeism on his part and considering the said charge under S. O. 20 (f) absenteeism is not proved. Thus on these and other grounds, as mentioned in detail in the Application, Applicant prayed that the findings of the Enquiry Officer are illegal, wrong and perverse and punishment of dismissal is also illegal and shockingly disproportionate and therefore he requested that he should be reinstated with full backwages and continuity of service from the date of his dismissal i.e. 27th September 1999.