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2004 Supreme(Bom) 1142

R.M.S.KHANDEPARKAR
Brihanmumbai Municipal Corporation – Appellant
Versus
General Secretary, BEST Worker s Union & another – Respondent


JUDGMENT - KHANDEPARKAR R.M.S., J.:-Heard the learned Advocate for the petitioner. None present for the respondents, though served.

2. The petitioner challenges the judgment and order passed by the Labour Court on 8th March, 2001 in Application (BIR) (REIN) No. 59 of 1997 as well as the judgment and order dated 18th June, 2001 passed by the Industrial Court in Appeal (IC) No. 31 of 2001 in so far as it relates to the interference by the Labour Court and the Industrial Court in the matter of quantum of punishment imposed upon the respondent No. 2, who had been found to have misappropriated certain amount of money by causing false entry in relation to the opening account on 4th October, 1996 in the ticket memo.

3. The facts in brief relevant for the decision are that the respondent No. 2 was employed as Bus Conductor in the undertaking of the petitioner since December, 1993. He was charge-sheeted for the misconduct under Standing Order Nos. 20(c) i.e. theft, fraud and dishonesty in connection with the business of the undertaking, 20(j) i.e. gross negligence and 20(k) i.e. breach of rules or regulations or instructions for the maintenance and running of any department. On account of hav











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