The Bombay High Court dismissed a writ petition seeking to quash Labour Court and Industrial Court orders reinstating an employee wrongly dismissed for alleged misappropriation of fare money. The Court held that the lower courts rightly found the misconduct unproven based on available material.
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This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6123 OF 2023
Pune Mahanagar Parivahan Mahamandal Limited ...Petitioner vs.
Ajaykumar Nivruttirao Chavan ...Respondent
Mr. Rohit Sakhadeo, for the Petitioner.
CORAM : N. J. JAMADAR, J. DATE : JULY 25, 2023
ORDER
Vishal Parekar
...1
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Vishal Parekar
...2
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inquiry conducted against the respondent was legal, fare and proper and in accordance with the principles of natural justice. The learned Judge, Labour Court, however, returned a finding that the findings of the Inquiry Officer were perverse and the charge of misconduct was not proved. Liberty was given to the petitioner to adduce evidence to prove the misconduct before the Court, if it desired to. The petitioner did not avail the said liberty and adduce any further evidence in proof of misconduct before the Labour Court.
Vishal Parekar
...3
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order passed by the Labour Court. It was, inter alia, noted that the petitioner did not adduce evidence, despite opportunity to prove the misconduct, and thus it was not open for the petitioner to assail the legality and correctness of the order passed by the Labour Court that the findings of the Inquiry Officer were perverse and that, on merits as well, there was no evidence to prove the misconduct.
Vishal Parekar
...4
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sight of by the Courts below, submitted Mr. Rohit Sakhadeo.
Vishal Parekar
...5
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reason to interfere with these findings of facts as they cannot be said to have been arrived at on the basis of no evidence or by discarding the evidence which bears upon the issue. Hence, the petition does not deserve to be entertained in exercise of extraordinary writ jurisdiction.
11. Petition stands dismissed.
(N. J. JAMADAR, J.)
Vishal Parekar
...6
3 issues framed by the court
Whether the High Court can interfere with the Industrial Court and Labour Court findings that the allegation of misconduct against an employee was not proved despite the employer not adducing fresh ev
Whether the principle of natural justice requires an employer to adduce fresh evidence before a Labour Court if the Inquiry Officer's findings have been held to be perverse.
Whether the finding that an employee was unjustifiably in possession of excess fare amounts constitutes an unfair labour practice warranting reinstatement.
1 provisions across 1 enactments
Pune Mahanagar Parivahan Mahamandal Limited
Ajaykumar Nivruttirao Chavan
N. J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
