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2008 Supreme(Bom) 1203

NISHITA MHATRE
Maharashtra State Road Transport Corporation – Appellant
Versus
S. Y. Ubale – Respondent


Advocates appeared
Mr. V.P. Sawant for the petitioner.
Mr.Manoj Bhatt for the respondent No.1.

JUDGMENT:

1. The petition challenges the order passed by the

Labour Court on 22.1.1993. By that order, the Labour Court had allowed the reference and granted the respondent No.2 reinstatement in service with continuity. As regards back wages, the Labour Court had directed the petitioners to pay the workman back wages from 20.6.1985 to 31.12.1987 and thereafter from 1.1.1990 till the date of the award.

2. The respondent No.1 workman was employed as a Conductor with the petitioner. On 26.12.1984 when his bus was checked, it was found that he had excess cash with him. Two passengers had alighted from the bus without tickets. A charge-sheet was issued to him and an enquiry was held. A notice was also issued to him requiring him to show cause as to why he should not be dismissed from service. As the respondent workman’s reply was not found to be satisfactory, he was dismissed from service on 18.6.1985. An industrial dispute was raised by the respondent workman. The conciliation proceedings commenced and a failure report was submitted. Thereafter a reference was made for adjudication before the Labour Court and it registered as Reference (IDA) No.95 of 1988.

3. It appears that for four yea









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