By the present petition, the petitioner-MSRTC has challenged the judgment and order dated 19.12.2006 passed by the Industrial Court in Revision Application No.103 of 2003 confirming the judgment and order dated 20.11.2003 made by the Labour Court, Akola, in Complaint (ULP) No. 155 of 1992.

FACTS :

2. The respondent was working as a clerk on the establishment of the petitioner. Due to his riotous attitude during working time and during the course of departmental enquiry being conducted against one employee, he was served with a charge-sheet and a regular departmental enquiry was held in which he was found guilty and consequently on 28.2.1990 he was dismissed from service.

3. The respondent filed a complaint before the Labour Court, Akola, questioning his dismissal from service. On the preliminary issue, Labour Court held that the enquiry held against the complainant was not fair and proper and evidence was laid before the Labour Court by the petitioner-employer for proving the misconduct. Finally on 20.11.2003 the Labour Court allowed the complaint and held that the respondent being protected workman and the charges levelled against him bein