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SANDEEP V. MARNE
Maharashtra State Road Transport Corporation – Appellant
Versus
Prakash Vasant Hardikar – Respondent
JUDGMENT :
1. Maharashtra State Road Transport Corporation has filed this petition challenging the Judgment and Order dated 16 January 2009 passed by the Industrial Court, Kolhapur dismissing Petitioner’s Revision Application (ULP) No. 87 of 2007 and confirming the Judgment and Order dated 20 February 2007 passed by the Judge, Labour Court, Ratnagiri in Complaint (ULP) No. 13 of 2002. By its order, the Labour Court had directed reinstatement of the Respondent in service from the date of dismissal with continuity and full backwages.
2. Respondent was employed as Conductor in the Petitioner-State Transport Corporation since 1980. He was deployed on ST bus on Pachambe-Rajivali-Sangameshwar Route on 24 January 2002. The ST bus was checked at Aravali Railway Stage No.7 by the checking team, which found that two passengers were possessing two tickets of Rs.4/- which were already sold on 22 January 2002. Upon checking the ST cash of the Respondent, it was revealed that he had excess cash of Rs.53/-. A Memorandum of Chargesheet was issued to the Respondent on 22 January 2002. He was placed under suspension during 4 February 2002 to 23 March 2002. Domestic enquiry was conducted into the char
The court emphasized the importance of proving charges based on evidence and admission, and justified the penalty of dismissal while considering the respondent's reinstatement and service till supera....
The court upheld the dismissal of an employee based on sufficient evidence in a domestic enquiry, affirming that procedural fairness does not require the same strict standards as formal court proceed....
The main legal point established in the judgment is the requirement for the Disciplinary Authority to follow the principles of natural justice and the procedure required to be followed before disagre....
The court emphasized that charges of misconduct must be supported by substantial evidence and that the prescribed procedures must be followed. The court also highlighted the principle that the punish....
The court upheld the principle that the Labour Court has the authority to re-appraise the evidence and come to its own conclusion about the guilt or otherwise of the workman. The court also emphasize....
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