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2022 Supreme(Bom) 1582

SANDEEP V. MARNE
Chandrakant, S/o. Samindar Suryawanshi – Appellant
Versus
Divisional Controller, Maharashtra State Road Transport Corporation – Respondent


Advocates Appeared:
For the Petitioner: Shri Shailendra S. Kulkarni.
For the Respondent: Shri Anand D. Wange.

JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing.

2. By this petition, petitioner challenges judgment and order dated 06.10.2022 passed by the Industrial Court, Latur dismissing Revision (ULP) No. 21 of 2022 and confirming judgment and order dated 13.11.2021 passed by the Labour Court pronouncing order on preliminary issue in Complaint (ULP) No. 08 of 2013. In short, Award-I of the Labour Court answering the preliminary issues (i) Whether departmental enquiry conducted is fair, proper, legal and in accordance with the principles of natural justice and (ii) whether findings of the Enquiry Officer are perverse, are answered against the petitioner employee, by the Labour Court, whose order is upheld by the Industrial Court.

3. Shorn of unnecessary details, the facts of the present case are that the petitioner was appointed on the post of conductor in the respondent/corporation. Disciplinary proceedings have been initiated against him by issuance of memorandum of charge sheet dated 17.05.2012. It is alleged in the charge that while discharging his duties as conductor on 07th May, 2012 on Udgir to Nilanga route at Valandi, his bus

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