Maharashtra State Road Transport ... vs Sanjay Kisanrao Alane
2021 Latest Caselaw 2900 Bom

                                                           22. WPST 95524-20.doc

DDR
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                    WRIT PETITION ST.NO. 95524 OF 2020

      MAHARASHTRA STATE ROAD TRANSPORT
      CORPORATION                                          ..PETITIONER
          vs.
      SANJAY KISANRAO ALANE                              ..RESPONDENT
                                ------------------------
      Mr. Amit.A. Gharte i/b. A.A. Gharte for petitioner.
      Mr. R.P. Walwekar for the respondent.
                                ------------------------
                               CORAM           : M.S.KARNIK, J.

                                DATE        :   FEBRUARY 12, 2021
      P.C.:-

Heard learned counsel for the petitioner.

2. Learned counsel for the petitioner submitted that the

respondent was working as a driver with the petitioner -

corporation. On the date when he applied for the job he

suppresed the information that a criminal case under Section

304-A, 337, 279 of the Indian Penal Code was pending in respect

of the incident dated 10/8/2008. The chargesheet in the criminal

case was fled on 19/12/2008. The character form was fled on

3/6/2009 and the respondent was appointed with the petitioner

on 16/8/2009. The inquiry was initiated on 15/11/2010.

22. WPST 95524-20.doc

3. Learned counsel for the respondent relied upon the

decision of the Apex Court in the case of Avtar Singh v. Union

of India & ors.1 to contend that the concurrent fndings

recorded by the Courts below cannot be said to be perverse.

4. Having gone through the judgments of the Labour Court

and the Revisional Court, in my opinion, arguable questions are

raised, hence Rule. Mr. Walwekar waives service of rule on behalf

of the respondent.

5. During the pendency of the Petition, there shall be an

interim relief in terms of prayer clause (b). However, as the

Labour Court has granted reinstatement, the petitioner -

corporation is directed to deposit the wages from 1/1/2019 upto

the end of February, 2021 in this Court within a period of six

weeks from today.

         Digitally
         signed by
         Diksha
Diksha   Rane
Rane     Date:
         2021.02.12
         13:55:53
                      6.      Hearing is expedited.
         +0530


                                                        (M.S.KARNIK, J.)




                      1    AIR 2016 SC 3598