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2018 Supreme(Bom) 1316

S.C.GUPTE
Mahadeo Shripati Khot – Appellant
Versus
Divisional Traffic Superintendent (Default), Competent Authority Maharashtra State Road Transport Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajas Naik I/b Mr. Umesh Mankapure, Adv
For the Respondent: Mr. G.S. Hegde a/w Mr. C.M. Lokesh, Adv.

JUDGMENT :

This petition challenges a revisional order passed by the Industrial Court at Solapur. The Industrial Court was considering in the revision a reinstatement order passed by the Labour Court at Sangli in favour of the Petitioner herein, who was the original complainant before the Labour Court in a complaint of unfair labour practice under Item 1 of Schedule IV of the MRTU & PULP Act. It was the case of the Petitioner, who was working as conductor with the Respondent-corporation that he was illegally terminated from service. The Labour Court partly allowed the Petitioner's complaint and granted him reinstatement with continuity of service, but without back wages. That order was purportedly on the footing that though the Petitioner was found guilty of misconduct in a duly conducted enquiry, the punishment of dismissal awarded to him was disproportionate to the charges proved against him. The revisional court found that the misconduct was sufficiently serious and warranted the punishment of dismissal. It, accordingly, allowed the revision application and set aside the impugned order of the Labour Court. Being aggrieved, the Petitioner has approached this court by the present w












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