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1994 Supreme(SC) 711

KULDIP SINGH, S.P.BHARUCHA
Rambahu Vyankuji Kheragade – Appellant
Versus
Maharashtra State Road Transport Corporation – Respondent


(1) THE appellant was working as a conductor with the Maharashtra State Road Transport Corporation, Nagpur (the Corporation). A departmental enquiry was held against him on the allegations that he misappropriated a sum of Rs 2300. The charge of misappropriation was proved against him and as a consequence he was dismissed from service by the order dated 10/4/1980. The appellant raised a dispute and the State government made a reference under the Industrial Disputes Act, 1947. The Labour court came to the conclusion that the enquiry held against the appellant was neither fair nor proper and as such it gave an opportunity to the Corporation to prove the charge against the appellant before the Labour court. Finally the Labour court by its award dated 23/4/1991 upheld the dismissal of the appellant. The appellant challenged the said award by way of a writ petition before the Nagpur bench of the Bombay High court. The only point raised before the High court was that the order dismissing the appellant could only be effective from 23/4/1991 (the date of the award) and not from 10/4/1980 when it was originally passed. The High court rejected the contention raised by the appellant an




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