Back
SANDEEP V. MARNE
Balu Namdevrao Mule – Appellant
Versus
General Manager – Respondent
JUDGMENT/ORDER
1. By this petition, Petitioner challenges judgment and order dtd. 27/8/2007 passed by the Industrial Court, Mumbai dismissing Appeal (IC) No. 100/2006 filed by Petitioner challenging the judgment and Order dtd. 12/1/2006 passed by the Labour Court, Mumbai rejecting his Application (BIR/MISC.) No.58/2003. That Application was filed by Petitioner under the provisions of Ss. 78 and 79 of the Bombay Industrial Relations Act, 1946 (BIR Act) seeking setting aside of order of dismissal from service.
2. Facts of the case are that Petitioner was appointed as a Bus Driver in Respondent-Undertaking in the year 1993 and was posted at Colaba Bus Depot. While driving bus No. 6733 on route 132/6 on 9/2/2003, an accident occurred at 19.50 hrs at Kalaghoda, Mumbai where a pedestrian was knocked down by front portion of the bus. Upon being admitted in the hospital, the pedestrian was declared dead.
3. An offence was registered against the Petitioner at Colaba Police Station vide C.R. No.35/2003 under Ss. 279 and 304A of the Indian Penal Code. Additionally, the RespondentUndertaking initiated disciplinary proceedings against him by issuing Memorandum of Chargesheet dtd. 24/2/2003 allegin
The court established that adherence to principles of natural justice is paramount in disciplinary proceedings, and any procedural irregularities, such as improper delegation of authority and failure....
A disciplinary inquiry must be conducted in accordance with natural justice principles, and the burden of proof lies on the employee to challenge the validity of the inquiry and dismissal. The court ....
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....
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
Disciplinary actions by employers must comply with fair enquiry standards; failure to allow cross-examination does not nullify properly conducted proceedings.
Procedural fairness and adherence to principles of natural justice are critical in disciplinary enquiries, and failure to comply can render a dismissal unjust.
The court established that a wilful absence from duty, especially in emergency situations, constitutes misconduct under the Industrial Employment (Standing Orders) Central Rules, and that disciplinar....
The court upheld that procedural irregularities in domestic enquiries do not invalidate findings if substantiated by evidence, reaffirming the limited scope of judicial review against disciplinary ac....
The court reaffirmed that disciplinary proceedings must strictly adhere to procedural requirements, including proper approval of chargesheets and the necessity of oral enquiries, to ensure fairness a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
