Maha. State Road Transport Corp., ... vs Abdul Hamid Shaikh Mahemood And ...
2023 Latest Caselaw 2183 Bom

                                                         1                           23.WP.1425-2023.odt




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

                            WRIT PETITION NO. 1425 OF 2023
   ( Maharashtra State Road Transport Corporation, Thr. Its Divisional
                       Controller, Buldana & Ors.
                                   Vs.
                Abdul Hamid Shaikh Mahemood & Anr. )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. A.S. Mehadia, Advocate for the Petitioners.



                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 6th MARCH, 2023

Heard Mr. Mehadia, learned counsel for the petitioners.

2. The incident for which the respondent No.1 was terminated after enquiry was that when the respondent No.1 who was the driver of the bus had gone to park the bus at crew area of bus stand, a boy of four years rushed towards the bus and dashed on the tin sheet near the front wheel, which resulted in his unfortunate demise. Both the Courts' below have considered this nature of the incident and in my considered opinion, have rightly come to the conclusion that the respondent No.1 was not at fault, and therefore, the punishment for dismissal of his services by the impugned order dated 29.03.2011, was not justified.

2 23.WP.1425-2023.odt

3. Considering the nature of the incident as quoted in para 20 of the judgment of the learned Labour Court, Buldana dated 03.05.2014 (page 17), it can only be termed as unfortunate accident, since the boy who was sitting with his grandmother Rukmibai Solanki had rushed towards the bus which was a totally unforeseen and unexpected circumstance and the respondent No.1 hearing the sound of dash had immediately applied the brakes. The grandmother of the deceased boy infact who was the eyewitness, was not examined. There are no other eyewitnesses to the incident. Therefore considering the nature of the incident, I do not see any reason interfering in the impugned judgments of the Courts' below.

4. The Petition is accordingly dismissed. No costs.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:08.03.2023 15:01