DASHARATH HOBU CHAWAN Vs. NEKRTC

JUDGEMENT

(1.) The petitioner who is an ex-employee of the respondent/Corporation is challenging the award passed by the Labour Court whereby his claim petition seeking reinstatement is dismissed.

(2.) The facts not in dispute between the parties is that the petitioner/workman while working as a conductor with the respondent/Corporation was charged of misconduct of pilferage and after Departmental Enquiry, he was dismissed from service. He made an individual claim before the Labour Court and the same was contested by the Management. After completion of pleadings, preliminary issue was framed regarding validity of the Departmental Enquiry held against him. After recording the evidence of both the parties, the issue was answered against the Management. Thereafter the Management adduced its evidence on merits by examining its official who was a member of the checking squad. Rebuttal evidence was let in by the workman. After considering the evidentiary material available on record, the claim petition was rejected.

(3.) Sri. P.Vilas Kumar, learned counsel for the petitioner submits that once the Departmental Enquiry held was not fair and proper, it was incumbent upon the Labour Court to order the Management to pay subsistence allowances to the workman till the disposal of the case but the said factor was not considered by the Labour Court. Though in the dismissal order, the Disciplinary Authority had quoted the history of multiple misconduct of the workman, no evidence was adduced by the Management about the past history records. On the above two counts, the award of the Labour Court may be set aside and the workman be reinstated to his original post with continuity of service and back wages.