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1996 Supreme(Bom) 498

V.S.SIRPURKAR
Mannalal s/o Ramprasad Yadao – Appellant
Versus
Presiding Officer, Second Labour Court and another – Respondent


JUDGMENT - V.S. SIRPURKAR, J. :---The petitioner, a dismissed driver of the Maharashtra State Road Transport Corporation (hereinafter referred to as 'the Corporation' for short), has herein challenged the award passed by the Labour Court affirming the said dismissal by the Corporation on account of the misconduct. Shortly stated the factual panorama is as follows :

2.The petitioner Mannala was working as a driver for about 8 years and was attached to Tumsar Depot. A charge-sheet came to be served on him on 25-7-1977 alleging therein that on 19-7-1977, while one P.P. Sable who was working as a Traffic Controller, was on duty in the room next to the Control Room, the petitioner entered the same at about 3 O'clock in the after-noon and at that time he was under the influence of liquor. He abused the said Shri Sable in the filthy manner and though he was tried to be appeased, the petitioner did not stop abusing and instead picked up an aluminium rod and hit Shri Sable on his left hand 3-4 times. Not only this but he also tore the pages of those Allocation Register and thereafter threw the said aluminium rod outside and left the place. In support of the charge-sheet, the statements of





































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