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1997 Supreme(Bom) 520

F.I.REBELLO
Divisional Controller, M. S. R. T. C. ,Bhandara – Appellant
Versus
Gulab Tanbaji Bhandarkar – Respondent


JUDGMENT - F.I. REBELLO, J.:---On 22nd October, 1983 the bus driven by the respondent met with an accident with Jeep bearing No. M.T.S. 245. The said incident unfortunately resulted in the death of five persons travelling in the jeep and some passengers in the bus also sustained injuries. A charge-sheet was served on the respondent. The Enquiry Officer gave his report and held that the misconduct alleged against the respondent has proved. By order dated 11th September, 1987 the Disciplinary Authority on a consideration of the enquiry papers and past service record dismissed the respondent from service of the petitioner. The internal appeals provided for in the conditions of service were pursued by the respondent. The appeals however were rejected.

2. The respondent, thereafter filed a complaint before the Labour Court, Bhandara dated 31st~ay, 1995. The Labour Court, Bhandara set aside the dismissal and ordered reinstatement with continuity of service. The Labour Court, however, declined to award backwages from the date of dismissal to the date of the order for reinstatement. Reinstatement was ordered within one month from 31st May, 1995. The Labour Court held that the enquir













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