- (1.) BEING aggrieved and dissatisfied with the order passed by the Industrial Court, Nagpur on April 5, 2002 passed in Revision (ULP) No. 333 of 2001, the petitioner has approached this Court.
(2.) THE petitioner was appointed with the Maharashtra State Road Transport Corporation ("msrtc" for short) as a conductor. It is the assertion of the petitioner that he was discharging his duties diligently and honestly. His bus was checked on April 3, 1998 and out of 24-1/2 passengers, 9 passengers were found without tickets. An inquiry was instituted against the petitioner wherein it was found that the petitioner had not issued tickets to those passengers. Holding the petitioner guilty of the charges levelled against him, he was dismissed from service by the Corporation.
(3.) BEING aggrieved by the order of dismissal, the petitioner approached the First Labour Court at Nagpur by filing Complaint (ULP) No. 711 of 1998. The Labour Court, vide its order dated October 3, 2001, held that the charges levelled against the petitioner were proved. It also recorded that perusal of the past service record of the workman was not unblemished as he was punished on six occasions because "he has not issued tickets". The Labour Court, however, observed that the punishment of dismissal imposed on the complainant was shockingly disproportionate. Accordingly, the complaint was allowed and the respondent Corporation was directed to reinstate the workman in service with continuity of service without back wages.;