THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.364 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of order dated
12.09.2018 passed in W.P.No.7648 of 2003 by the learned
Single Judge by which the learned Single Judge has allowed
the Writ Petition directing reinstatement of the workman as a
fresh appointee.
The undisputed facts of the case reveal that the
respondent/employee was appointed as a Driver for the
services of APSRTC in the year 1995 and while he was on duty on 01.10.1999, the bus, which was driven by him, met with an accident resulting in death of a girl and therefore, a charge sheet was issued on 30.10.1999. The Enquiry Officer conducted an enquiry and submitted a report on 10.01.2000 and an order of removal was passed on 28.01.2000. Against which, an appeal was preferred and the same was rejected on 07.08.2000 and the review petition was also rejected on 04.01.2001 and thereafter the respondent/employee preferred a petition before the Labour Court and it was registered as ID No.78 of 2001 and the same was dismissed on 31.12.2002. A writ petition was preferred before this Court and a ground was raised that the punishment was shockingly disproportionate to the guilt of the employee. There was no intention on the part of the employee to cause the accident, 2 which resulted in death of a girl and, in fact, the girl came running from the side of the bus and met with an accident. It was also argued that the Labour Court should have interfered with the quantum of punishment in exercise of power conferred under Section 11-A of the Industrial Disputes Act, 1947. The learned Single Judge after scanning the entire evidence by applying the theory of proportionality has moderated the punishment by directing the Corporation to appoint the employee as a fresh Driver and his entire past service has been forfeited. The accident took place because the girl came running from the side of the bus and caught under the rear wheel of the bus and it is not a case where the Driver has dashed the girl from front portion of the bus and therefore, the learned Single Judge was justified in directing reinstatement of the employee without any benefit. Meaning thereby, directing a fresh appointment of Driver. This Court does not find any reason to interfere with the order passed by the learned Single Judge.
Accordingly, the Writ Appeal is dismissed. Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ N. TUKARAMJI, J 16.12.2021 ES