Trambak S/O Nivrutti Jayabhaye vs Maha. State Road Transport Corp., ...
2021 Latest Caselaw 17012 Bom

                                                                                       (1)                                                  15.wp.4998.2021

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH : NAGPUR

                                                WRIT PETITION NO.4998 OF 2021

                                                   Trambak s/o Nivrutti Jayabhaye
                                                                                    Vs.
         Maharashtra State Road Transport Corporation Through its Divisional
                          Controller, Yavatmal and another
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Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                        Mr. C. V. Jagdale, Advocate for petitioner.


                                                                           CORAM :                     AVINASH G. GHAROTE, J.

DATE : 07/12/2021

Heard Mr. Jagdale, learned counsel for the petitioner. He submits that after conducting a departmental enquery, punishment of stoppage of two increments was imposed by the communication dated 27.03.2015 (pg 16) which also granted 90 days time to approach the Appellate Authority, prior to which, the Divisional Controller, reviewed the order and recommended punishment of termination, as a result of which, show-cause notice came to be issued to the petitioner on 15.06.2015 for enhancement of the punishment, which has been set aside by the learned Labour Court by the order dated 07.03.2019, which was challenged in revision before the learned Industrial Court in Revision (ULP) No.31 of 2019. By an order dated 12.01.2021 the learned Industrial Court set aside the judgment dated 07.03.2019 passed by the learned Labour Court, in so far as finding on Issue No.2 dated 26.02.2019 was concerned and remanded back the

(2) 15.wp.4998.2021

matter to the learned Labour Court for deciding Issue No.2 afresh.

2. The learned Labour Court by order dated 17.02.2021 held that the finding as recorded by Enquiry Officer was not perverse which came to be challenged before the learned Industrial Court by the respondents by way of Revision, which has been dismissed by the judgment dated 15.11.2021. It is contended that once the Labour Court rendered the finding that the decision of the Enquiry Officer was not perverse, the action on part of the respondent No.1/Divisional Controller, in undertaking an action for enhancement of punishment, would not be sustainable.

3. Issue notice to the respondents, returnable on 13.12.2021. In the mean time, there shall be stay to the proceedings before the learned Industrial Court till the returnable date.

JUDGE

Sarkate