Kolhapur Municipal Transport ... vs Smt. Mumtaj Gulab Shaikh And Ors
2022 Latest Caselaw 7026 Bom

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                                                      1         47-WP 8343-22.odt
M         PARANJAPE
PARANJAPE Date:
          2022.07.22
          14:49:38
          +0530



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO.8343 OF 2022

                       Kolhapur Municipal Transport
                       Shahu Cloth Market Thr. Additional
                       Transport Manager & Anr.                              ... Petitioners
                            Vs.
                       Smt. Mumtaj Gulab Shaikh & Ors.                       ... Respondents
                                                        -----

Mr. Abhijit M. Adagul for the Petitioners.

-----

CORAM: ABHAY AHUJA J.

DATE : 21ST JULY 2022

P.C.:

1. By this Petition, the Petitioners are aggrieved by the

order dated 2nd January, 2020 passed by the Industrial Court,

Kolhapur in Revision Application (ULP) No.15 of 2017 whereby the

order dated 23rd March, 2018 of the Labour Court, Kolhapur has

been upheld.

2. Mr. Adagul, learned Counsel for the Petitioners submits

that though there are fndings that both the driver and the

conductor of the subject bus did not inform about the accident,

which resulted in running over one motorcyclist to the superior

authorities which is recorded in Part-I of the judgment of the Labour

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Court, however, while deciding the quantum of the punishment

despite holding the charge is not minor in nature, it was held that

the dismissal of the driver and the conductor is disproportionate

and have directed the Petitioners to reinstate them. Learned

Counsel submits that in view of this contradiction the order is illegal

and deserves to be set aside.

3. Having heard learned Counsel for the Petitioners, issue

notice to the Respondents, returnable in four weeks.

4. List the matter on 18/08/2022.

5. Ad-interim relief in terms of prayer clause (c) is granted

till the next date.

                                                  (ABHAY AHUJA, J.)




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