MAHARASHTRA STATE ROAD TRANSPORT CORPORATION v. T. A. GAVANDEE
1993-07-28
S.W.PURANIK
body1993
DigiLaw.ai
JUDGMENT : S.W. Puranik, J.—Heard Mr. C.J. Sawant for the Petitioner Corporation. Mr. R. J. Kochar for Respondent employee. 2. Respondent-employee was a Conductor employed by the Petitioner - Transport Corporation and in a raid, he was checked. The Inspecting Officer reported that the Respondent-Employee had indulged in malpractices by not issuing tickets and collecting money. A regular departmental enquiry was conducted and it was held that the employee has in fact indulged in malpractice. He was therefore, charge-sheeted, departmental enquiry held and was accordingly dismissed. The Respondent-employee challenged the said dismissal and sought reference of his dispute before the Labour Court under the Industrial Disputes Act. The Labour Court upon investigation found that the enquiry conducted by the Petitioner Corporation was just and fair but however, the conclusion reached against the employee were not founded on any evidence on record. He, therefore, set aside the order of dismissal. During the II part of the Award, the petitioner-Corporation filed application for leave to conduct fresh enquiry in the proceedings against the employee. The said application was rejected and the Labour Court passed Part II Award ordering reinstatement and awarding full back wages. 3. Feeling aggrieved thereby, the Petitioner-Corporation has filed this writ petition, upon hearing the parties I find that the petition is liable to be dismissed in view of the judgments of the Supreme Court rendered in the case of The Workmen of Firestone Tyre and Rubber Co. of India (Pvt.) Ltd. Vs. The Management and Others, and case of The Cooper Engineering Limited Vs. Shri P.P. Mundhe,. 4. It has been settled that once findings are set aside by the Labour Court, no fresh enquiry can be started unless the same was purely on finding on legal lacuna in the proceedings. In view of this, writ petition being without any merit is dismissed. 5. Certified copy be issued expeditiously.