Maharashtra State Road Transport ... vs Vikesh S/O Kishor Dongare
2022 Latest Caselaw 7065 Bom

                                                -1-                         918.WP.4607.2021.odt



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

                          WRIT PETITION NO.4607/2021
                      Maharashtra State Road Transport Corporation
                                           Vs.
                              Vikesh S/o Kishor Dongare
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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. Ashish Fule, Advocate for the Petitioner.

                                  CORAM : MANISH PITALE, J.

DATED : 22nd JULY, 2022.

By this writ petition, the petitioner - Corporation is challenging judgment and order dated 18.11.2019, passed by the Industrial Court, whereby a complaint filed by the respondent - employee (driver), was allowed and punishment of withholding of increments was set aside.

2. The respondent was proceeded against on the basis of an accident that took place, while the respondent was driving a bus of the petitioner - Corporation. After completion of the inquiry, the respondent was found guilty and the aforesaid punishment was imposed.

3. On the respondent filing aforesaid complaint before the Industrial Court, it was found that the inquiry was vitiated and that the findings of the Inquiry Officer were perverse. It is also recorded in the impugned judgment and order that the

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petitioner - Corporation never sought any opportunity for proving the misconduct of the respondent before the Court by placing appropriate material on record. On this basis, the complaint was allowed.

4. The learned counsel appearing for the petitioner - Corporation vehemently submitted that the basis on which the inquiry was found to be vitiated, was not sustainable as the only ground appeared to be failure on the part of the petitioner - Corporation to examine a recorder i.e. the person, who draws the panchanama, on behalf of the Corporation in such cases cases concerning accidents. It is submitted that the other material on record was sufficient to prove the misconduct against the respondent and that therefore, the findings rendered by the Industrial Court are unsustainable.

5. This Court has perused the material on record.

6. The finding rendered by the Industrial Court is based on a reasonable interpretation of the material on record. If the person, who records the panchanama, pursuant to the accident is not examined, it does go to the root of the matter and the finding rendered by the Industrial Court in that regard cannot be said to be either unreasonable or perverse. Even otherwise, the petitioner did not seek any permission to prove the misconduct of the respondent before the Court. Having failed to do so, it cannot lie in the mouth of the petitioner - Corporation that the impugned order deserves to be set aside.

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7. In view of the above, this Court finds no merit in the present writ petition and accordingly, it is dismissed.

JUDGE

Vijay

Digitally Signed By:VIJAY KUMAR Personal Assistant to Hon'ble JUDGE Signing Date:26.07.2022 10:43