M.S.R.T.C.Thro.Divisional ... vs Baburao Dagadu Kadam
2016 Latest Caselaw 5516 Bom

                                                                   WP/5239/1995
                                          1

                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                            BENCH AT AURANGABAD




                                                                           
                            WRIT PETITION NO. 5239 OF 1995




                                                   
     Maharashtra State Road
     Transport Corporation,
     Through Divisional Controller,




                                                  
     Ahmednagar.                                            ..Petitioner

     Versus

     Baburao Dagadu Kale,




                                        
     Age major, Occ. Ex-Conductor,
     R/o Valan, Tq. Rahuri,  
     District Ahmednagar.                                   ..Respondent

                                         ...
                            
                    Advocate for Petitioner : Shri M.K.Goyanka
                     Advocate for Respondent : Shri P.V.Barde
                             h/f Shri T.K.Prabhakaran
                                         ...
      


                            CORAM : RAVINDRA V. GHUGE, J.

Dated: September 22, 2016

...

ORAL JUDGMENT :-

1. The petitioner is aggrieved by the Part II award dated

8.6.1995, by which, the Reference (IDA) No.40 of 1989 filed by

the respondent / employee was allowed and he was granted

reinstatement with continuity of service. By way of backwages,

Rs.10,000/- have been granted.

WP/5239/1995

2. I have considered the strenuous submissions of the

petitioner and the respondent and have gone through the

petition paper book with their assistance.

3. The respondent was appointed as a Conductor on

13.4.1972. He was dismissed from service for proved mis-

conduct of not depositing Rs.571.80 on 16.12.1980 and for

depositing the same after a delay of one day on 17.12.1980 at

7.15 pm. By the impugned Part II award, considering the Rules

and Regulations applicable, the Labour Court concluded that the

respondent employee was guilty of temporary mis-appropriation

by not depositing Rs.571.80 and keeping the said amount with

him for one day. The backwages have been quantified at

Rs.10,000/-.

4. It is informed that the respondent was reinstated on

5.5.1996 and he passed away on 12.6.2005. His date of

superannuation was 30.4.2007. An amount of Rs.1,25,838/-

towards provident fund accumulations have been paid to his

widow. Similarly, Rs.1,00,000/- as "Dead Fund", according to

the Rules of the Corporation have also been paid to the widow.

Gratuity is withheld since this petition is pending.

WP/5239/1995

5. Upon considering the submissions of the learned Advocates

and the subsequent events, it is apparent that the respondent

was reinstated on 5.5.1996 and after working for 19 years and 1

month, he passed away on 12.6.2005. So also the charge proved

against him was for retaining Rs.571.80 for one day.

6. Considering the above, I am inclined to deprive payment

of backwages to the respondent (now deceased) for the reason

that it would amount to sufficient punishment for having

committed a mis-conduct of retaining the money of the

Corporation and not depositing the same as per it's Rules and

Regulations. Needless to state, this order is passed in the

peculiar facts of this case and shall, therefore, be restricted

only to this case.

7. In the light of the above, the Writ Petition is partly

allowed. The direction of payment of backwages of Rs.10,000/-

for the period 26.2.1981 upto 4.5.1996 is set aside.

8. Needless to state the gratuity amount shall be paid to the

widow of the respondent by the petitioner within eight weeks

WP/5239/1995

from the date on which the said widow submits a succession

certificate.

9. Rule is partly made absolute in the above terms.

( RAVINDRA V. GHUGE, J. )

...

akl/d