JUDGMENT:- Heard Shri. Wankhede, learned counsel for the petitioner and Shri. Khan, learned counsel for the respondent.

2. By this writ petition, the petitioner State Road Transport Corporation is challenging the order dated 17-4-1995 passed by the Industrial Court, Amravati, in Revision under Section 44 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, (hereinafter referred to as MRTU && PULP Act). The Labour Court dismissed Complaint (ULP) No.393 of 1989 filed by present respondent challenging the order of dismissal of his service after departmental enquiry on 16-8-1989. The Industrial Court has not disturbed that order but on humanitarian ground the petitioner has been directed to withdraw the dismissal and reinstate the respondent as fresh employee. This direction of Industrial Court is stayed by this court on 12-3-1997.

3. Shri. Wankhede, learned counsel for the petitioner, by placing reliance upon the judgment of the Hon'ble Apex Court in the case of Divisional Controller, N.E.K.R.T.C. Vs. H. Amaresh, reported at (2006)6 SCC 187 : [2006(5) ALL MR (S.C.) 218], contends that once a misconduct of grave and serious nature was proved aga

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