Kolhapur Municipal Transport ... vs Wallappa Ganapati Bhaskar
2022 Latest Caselaw 7027 Bom

          Digitally
          signed by
          MUGDHA

                                         1        45-WP 8336-22.odt
MUGDHA    M
M         PARANJAPE
PARANJAPE Date:
          2022.07.22
          14:49:26
          +0530



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION

                            WRIT PETITION NO.8336 OF 2022

        Kolhapur Municipal Transport
        Shahu Cloth Market Thr. Additional
        Transport Manager & Anr.                               ... Petitioners
             Vs.
        Wallappa Ganapati Bhaskar                              ... Respondent
                                         -----

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.19 of 2015 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

Mugdha 1 of 2 2 45-WP 8336-22.odt

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.)




 Mugdha                                                           2 of 2