2024:BHC-AS:7089 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5980 OF 2019 WITH INTERIM APPLICATION NO. 19213 OF 2022 The Divisional Controller, M.S.R.T.C. Central Bus Depot, Kolhapur. …Petitioner V/s.

Subhash Mahadev Desai At Post: Gargoti (Sonalee), Tal: Bhudargad, Kolhapur. ...Respondent ___________

Mr. Yashodeep Deshmukh with Ms. Vaidehi Pradeep and Mr.

Amey Tawde, for Petitioner.

Mr. Kedar P. Lad, for Respondent.

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CORAM : SANDEEP V. MARNE, J.

Judgment Resd. On : 6 February 2024.

Judgment Pron. On : 13 February 2024.

JUDGMENT :

1. Maharashtra State Road Transport Corporation has filed this petition challenging the Award dated 26 March 2018 passed by the Presiding Officer, Labour Court-I, Kolhapur in Reference (IDA) No. 65 of 2014. By the impugned Award, the Labour Court has partly answered the Reference in affirmative and has set aside the Order dated 16 March 1998 dismissing the Respondent from service. The Labour Court has directed the Petitioner to reinstate the Respondent in service alongwith continuity and consequential benefits. The Labour Court has further directed payment of 30% backwages to the Respondent from 16 March 1998 till the date of reinstatement.

2. The Respondent was employed as a Bus Driver with the Petitioner-Transport Corporation and was deputed to drive the Bus on Belgaum-Kolhapur route on 9 November 1996. Apparently, an accident took place while the Respondent was driving the bus, which dashed against a private bus resulting in some damage to the bus. It is alleged that when Respondent approached the Police Station to report the accident, a private settlement took place between the Respondent and owner of the private bus. The owner of the private bus showed willingness to pay Rs.2,000/- towards damages suffered to the Petitioner’s bus. It is the case of the Respondent that the said amount received from private bus owner was duly deposited by him with the Kolhapur Depot. Disciplinary proceedings were initiated against the Respondent by issuance of Memorandum of Chargesheet dated 15 November 1996. In the domestic enquiry, Respondent was found guilty and by Order dated 16 March 1998, penalty of dismissal from service was imposed on him. The First Appeal and Second Appeal preferred by the Respondent against the order of dismissal were rejected, last order being passed on 16 March 2001. Respondent apparently did not agitate the matter further and it is the case of the Petitioner that the matter attained quietus.

3. Respondent approached the Deputy Labour Commissioner raising a grievance about his dismissal on 13 March 2014 and a Reference was made to the Industrial Court, Kolhapur, which was numbered as Reference (IDA) No. 65 of 2014. By the impugned Award, the Labour Court has partly answered the Reference in the affirmative and has set aside the penalty of dismissal from service imposed on Respondent and has directed his reinstatement with continuity in service, consequential benefits and 30% backwages. The Petitioner-Corporation is aggrieved by the Labour Court’s decision and has filed the present petition.

4. Mr. Deshmukh, the learned counsel appearing for the Petitioner-Corporation would submit that the Labour Court ought to have dismissed the Reference on the ground of gross and inordinate delay. That no industrial dispute existed as on the date of making the order of reference. That the Respondent had acquiesced in the dismissal order as he failed to adopt any proceedings after rejection of his Second Appeal on 16 March 2001. That the delay of 13 years resulted in serious prejudice to the Petitioner in the matter of its defence. That after passing of Part-I Award in favour of the Respondent, Petitioner was unable to lead evidence on account of long passage of time. That the Labour Court has awarded 30% backwages to the Respondent for a substantial long period of time of 20 years by ignoring the delay. Mr. Deshmukh would rely upon the judgment of the Ape