Case Note & Summary
The Maharashtra State Road Transport Corporation (MSRTC) challenged the judgment of the Labour Court and Industrial Court which set aside the termination of a bus driver, Manik Parasram Rathod, and ordered his reinstatement with continuity of service and full back wages. The driver was dismissed after a domestic enquiry found him guilty of rash and negligent driving. The Labour Court in Complaint ULP No. 400 of 1998 held that the enquiry officer's finding was perverse, and the Industrial Court in Revision ULP No. 82/2002 upheld that decision. The only evidence relied upon during the enquiry was the testimony of one Shri Chaure, who was not an eyewitness to the incident. The High Court noted that the petitioner's counsel could not point to any other evidence on record to substantiate the charge of misconduct. The court observed that there was no material to show that any prosecution was launched for rash and negligent driving. Consequently, the High Court dismissed the writ petition, affirming the concurrent findings of the courts below that the enquiry officer's findings were perverse and that the driver was entitled to reinstatement with full back wages.
Headnote
A) Industrial Law - Unfair Labour Practice - Perverse Finding - Enquiry Officer's finding of guilt based on evidence of a non-eyewitness is perverse - The Labour Court and Industrial Court concurrently held that the finding of rash and negligent driving was perverse as the only witness examined was not an eyewitness and there was no other material to substantiate the charge - Held that the concurrent findings of perversity cannot be interfered with (Paras 2, 5).
B) Industrial Law - Reinstatement - Full Back Wages - Entitlement to full back wages - The Labour Court ordered reinstatement with continuity and full back wages - The Industrial Court confirmed the order - The High Court upheld the order as the employer failed to point out any evidence to justify the termination (Paras 1, 5).
Issue of Consideration
Whether the findings recorded by the Enquiry Officer holding the complainant guilty of rash and negligent driving were perverse or not?
Final Decision
The High Court dismissed the writ petition, upholding the orders of the Labour Court and Industrial Court. The termination was set aside, and the respondent was entitled to reinstatement with continuity of service and full back wages.
Law Points
- Perverse finding
- Reinstatement with full back wages
- Unfair labour practice
- Enquiry officer's finding
- Evidence of misconduct
Case Details
2014 LawText (BOM) (03) 114
WRIT PETITION NO. 3194/2002
Shri Tushar Darda for petitioners, Shri C.V. Jagdale for respondent
Maharashtra State Road Transport Corporation
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Nature of Litigation
Writ petition challenging the judgment of Labour Court and Industrial Court setting aside termination of a bus driver and ordering reinstatement with full back wages.
Remedy Sought
The employer (MSRTC) sought to quash the orders of the Labour Court and Industrial Court which set aside the termination and directed reinstatement with continuity and full back wages.
Filing Reason
The employer challenged the concurrent findings of the Labour Court and Industrial Court that the enquiry officer's finding of guilt for rash and negligent driving was perverse.
Previous Decisions
Labour Court in Complaint ULP No. 400 of 1998 set aside termination and ordered reinstatement with continuity and full back wages. Industrial Court in Revision ULP No. 82/2002 dismissed the revision and confirmed the Labour Court order.
Issues
Whether the findings recorded by the Enquiry Officer holding the complainant guilty of rash and negligent driving were perverse or not?
Submissions/Arguments
The petitioner's counsel could not point out any evidence except the evidence of Shri Chaure, who was not an eyewitness to the incident.
There was nothing on record to show that any prosecution was launched for rash and negligent driving.
Ratio Decidendi
The concurrent findings of the Labour Court and Industrial Court that the enquiry officer's finding of guilt was perverse cannot be interfered with when there is no evidence on record to substantiate the charge of misconduct. The only witness examined was not an eyewitness, and no prosecution was launched for the alleged rash and negligent driving.
Judgment Excerpts
The only evidence is of one Shri Chaure, which was relied upon during the course of the enquiry, and he was not an eyewitness to the incident.
The learned counsel for the petitioners could not point out any evidence except the evidence of Shri Chaure, recorded during the course of enquiry.
Procedural History
The respondent was dismissed from service after a domestic enquiry found him guilty of rash and negligent driving. He filed Complaint ULP No. 400 of 1998 before the Labour Court at Nagpur, which set aside the termination and ordered reinstatement with continuity and full back wages on 11.02.2002. The employer filed Revision ULP No. 82/2002 before the Industrial Court, which dismissed the revision on 01.07.2002. The employer then filed the present writ petition before the High Court.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971:
