Court Upholds Labour Court's Decision, Mandates Compliance with Reinstatement and Payment of Back Wages
In a significant ruling, the Bombay High Court's Aurangabad Bench has directed the Maharashtra State Road Transport Corporation (MSRTC) to reinstate a driver who was dismissed based solely on allegations of drunken driving reported in the media. The High Court, presided over by Justice Ajit B. Kadethankar, dismissed the petition filed by the MSRTC challenging the Labour Court and Industrial Court's orders, which had earlier directed the reinstatement of the driver with 50% back wages.
The case revolves around an accident that occurred on July 31, 2019, involving an MSRTC bus driven by the respondent, Anil. Following the accident, media reports alleged that the driver was intoxicated. Acting on these reports, the MSRTC terminated the driver's employment without conducting an independent inquiry, citing its Discipline and Appeal Rules.
Anil challenged his dismissal at the Labour Court in Jalgaon, which found the termination to be in violation of natural justice and the corporation's own rules, as no independent verification of the media claims was carried out. The Labour Court ordered his reinstatement with partial back wages, a decision upheld by the Industrial Court when challenged by both parties.
The High Court observed that the MSRTC's reliance on media reports without an independent investigation was insufficient grounds for dismissal. Justice Kadethankar emphasized that compliance with legal procedures and principles of natural justice is paramount, especially in employment termination cases.
The court further expressed concern over MSRTC's non-compliance with the earlier orders, labeling it a contemptuous act, and underscored the importance of executing court decisions to achieve true justice. The High Court ordered the MSRTC to reinstate the driver within four weeks and settle the back wages within two weeks, warning of severe consequences for any delay.
This judgment reinforces the judiciary's commitment to upholding employee rights and ensuring that procedural fairness is not compromised in disciplinary actions.
Bottom Line:
Termination of employment without conducting an independent departmental inquiry based solely on news items is against the principles of natural justice and the applicable Discipline and Appeal Rules.
Statutory provision(s): Discipline and Appeal Rules of MSRTC, Principles of Natural Justice
