JUDGMENT - A.A. DESAI, J.:---This petition raises a question as to whether a contemplated action for dismissal or discharge amounts to an unfair labour practice, cognisable under section 28 read with Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the Act").

2. The petitioner Divisional Controller as a competent authority held departmental enquiry into the conduct of respondent No. 2 leading to an accident on 8-7-1984 while driving State Transport Bus No. MHQ 8326 resulting in death of a Luna Moped driver. In a departmental enquiry, the charges were held to have been proved. The petitioner, therefore, taking into account the previous record and seriousness of misconduct on 25-3-1988 issued a show cause notice proposing punishment of dismissal. The respondent No. 2 thereunder was called upon to submit his say within 3 days.

3. The respondent No. 2 instead of submitting his explanation to show cause notice, filed a complaint under section 28 of the Act. According to him, Discipline and Appeal Rules constitute an agreement between the parties as contemplated under Item 9 of Schedule IV.

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