caselaws

Supreme Court of India
Maharashtra State Road Transport … vs Dilip Uttam Jayabhay on 3 January, 2022Author: M.R. Shah

Bench: M.R. Shah, B.V. Nagarathna

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7403 OF 2021

Maharashtra State Road Transport Corporation ..Appellant (S)

Versus

Dilip Uttam Jayabhay ..Respondent (S)

JUDGMENT

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned

judgment and order dated 23.01.2020 passed by the High

Court of Judicature at Bombay in Writ Petition No.8401 of

2003, by which the High Court has dismissed the said writ

petition preferred by the appellant – Maharashtra State
Signature Not Verified

Digitally signed by R
Natarajan
Road Transport Corporation (hereinafter referred to as
Date: 2022.01.03
17:12:37 IST
Reason:

“MSRTC”) in which it challenged the order passed by the

1
Industrial Court in Revision Application (ULP) No.13 of

2002, directing reinstatement of respondent without back

wages but with the continuity of service, original writ

petitioner – MSRTC has preferred the present appeal.

2. The respondent herein was serving as a driver and plying

passenger buses. That on 23.10.1992 when he was driving

the bus, it met with an accident with a jeep coming from

the opposite direction. It appears that instead of taking the

bus to the left side, he took the bus to the extreme right

which was the wrong side and as a result, the jeep and the

bus collided. The accident resulted in death of four

passengers on the spot and six passengers were seriously

injured. The jeep was completely damaged with its radiator

and engine board broken and damaged and the inside of

the jeep was completely crushed. The impact of the

collision was so high that the jeep was pushed back by

about 25 feet. The bumper of the bus was also crushed.

The driver of the jeep also sustained injuries. The

respondent was subjected to disciplinary enquiry. On

conclusion of enquiry he was dismissed from service. He

2
was also prosecuted for the offence under Section 279 of

IPC. However, he came to be acquitted. (his acquittal shall

be dealt with herein below). The respondent challenged the

order of dismissal before the Labour Court. The Labour

Court upheld the order of dismissal. In a revision

application the Industrial Tribunal considering the

acquittal of the respondent in criminal proceedings and

observing that the drivers of both the vehicles were

negligent (contributory negligence), the Industrial Tribunal

exercised powers under item No.1(g) of Schedule­IV of the

Maharashtra Recognition of Trade Unions and Prevention

of Unfair Labour Practices Act, 1971. (“MRTU” and “PULP

Act, 1971” for short), and held that the order of dismissal

is disproportionate to the misconduct proved. Before the

Industrial Tribunal the respondent/workman did not press

for the back wages. The Industrial Tribunal directed his

reinstatement without back wages but with continuity of

service.

3. Feeling aggrieved and dissatisfied with the order dated

31.07.2003 passed by the Industrial Tribunal ordering

3
reinstatement without back wages but with continuity of

service, the appellant preferred writ petition before the

High Court. By the impugned judgment and order the High

Court has not only dismissed the writ petition preferred by

the appellant, but has also directed appellant to pay to the

respondent back wages with effect from 01.11.2003 to

31.05.2018 i.e. which is the date of his superannuation.

The High Court has also directed that the respondent shall

also be entitled to retiral benefits on the basis of continuity

of service with effect from date of his dismissal and till his

superannuation.

4. Feeling aggrieved and dissatisfied with the impugned

judgment and order passed by the High Court, dismissing

the writ petition and confirming the order passed by the

Industrial Tribunal setting aside the order of dismissal and

ordering reinstatement with continuity of service and back

wages, the MSRTC has preferred the present appeal.

5. Ms. Mayuri Raghuvanshi, learned counsel appearing on

behalf of the appellant – MSRTC has vehemently submitted

4
that in the facts and circumstances of the case, the

Industrial Court committed a grave error in interfering with

the order of dismissal passed by the disciplinary authority

on the ground that the same is shockingly disproportionate

to the misconduct proved.

5.1 It is submitted that both, the High Court as well as the

Industrial Court have not at all considered and/or

appreciated the difference between the disciplinary enquiry

and the criminal proceedings.

5.2 It is submitted that the High Court as well as the Industrial

Court had erred in relying upon the acquittal of respondent

in criminal case. It is submitted that the Industrial Court

and the High Court have failed to appreciate that the

acquittal has no bearing or relevance on the disciplinary

proceedings as the standard of proof in both the cases are

different and the proceedings operate in different fields and

have different objectives. Reliance is placed on the

decisions of this Court in cases of Samar Bahadur Singh

Vs. State of U.P. & Ors., (2011) 9 SCC 94 and Union of

5
India & Ors. Vs. Sitaram Mishra & Anr., (2019) 20 SCC

588.

5.3 It is further submitted that in fact the Labour Court rightly

held that acquittal in the criminal case would not come to

the rescue of the respondent as the acquittal in the

criminal case is on the failure of the prosecution to

examine investigating officer, panch for spot panchnama,

etc., and to prove their case beyond doubt. It is submitted

that on the other hand in the departmental proceedings

misconduct has been proved. It is therefore submitted that

the Industrial Court and the High Court ought not to have

given undue importance to the acquittal of the respondent

in the criminal case.

5.4 It is further submitted that even otherwise in the facts and

circumstances of the case when in the vehicle accident four

persons died due to the negligence on the part of the

respondent in driving the vehicle carelessly and negligently

and during his three years’ tenure he was punished four

times earlier, it cannot be said that the punishment of

6
dismissal was shockingly disproportionate. It is submitted

that in the facts and circumstances of the case, the case

would not fall under item No.1(g) of Schedule­IV of the

MRTU and PULP Act, 1971.

5.5 It is further submitted that even the Industrial Court

specifically observed in the order that the misconduct is

not of a minor or technical character. It is further

submitted that the Industrial Court also observed that

there is no victimization and the action of the MSRTC

cannot be said to be not in good faith. The Industrial Court

also observed that the MSRTC has neither falsely

implicated the complainant – respondent nor has it

dismissed the respondent for patently false reasons and

therefore respondent failed to prove the alleged unfair

labour practice as per the MRTU and PULP Act, 1971. It is

submitted that however the Industrial Court has interfered

with the order of punishment/dismissal imposed by the

disciplinary authority invoking clause 1(g) of Schedule­IV of

MRTU and PULP Act, 1971.

7
5.6 It is further submitted that even the respondent admitted

that he was gainfully employed after his dismissal.

Therefore, the order of reinstatement was not warranted at

all.

5.7 It is further submitted by the learned counsel appearing on

behalf of the appellant that even otherwise the directions

issued by the High Court in the impugned judgment and

order in para 8 directing the appellant – MSRTC to pay to

the respondent back wages with effect from 1 st November,

2003 to 31st May, 2018, could not have been passed in a

petition filed by the appellant – MSRTC. It is submitted

therefore that such an order is as such beyond the scope of

the writ petition before the High Court.

6. Making the above submissions, it is prayed to allow the

present appeal.

7. Shri Nishanth Patil, learned counsel appearing on behalf of

the respondent has supported the judgment and order

passed by the Industrial Court and confirmed by the High

Court.

8
7.1 It is submitted that in the facts and circumstances of the

case when the Industrial Court found the order of

dismissal disproportionate to the misconduct proved, the

same can be said to be an unfair labour practice as per

item No. 1(g) of Schedule­IV of the MRTU & PULP Act,

1971. Thus the Industrial Court rightly interfered with the

order of dismissal and the same is rightly confirmed by the

High Court.

7.2 It is contended that in the present case as such it was not

the fault on the part of the respondent – driver. That the

jeep driver coming from the opposite side was on the wrong

side of the road and the respondent tried to avoid the

accident. It is submitted that the criminal court found that

even the jeep driver was also negligent and considering the

fact the criminal court acquitted the respondent – driver,

the judgment and order passed by the Industrial Court,

ordering reinstatement without back wages but with

continuity of service does not warrant any interference. It

is submitted therefore that the High Court rightly did not

9
interfere with the judgment and order passed by the

Industrial Court ordering reinstatement without back

wages.

8. Making the above submissions, it is prayed to dismiss the

present appeal.

9. We have heard the learned counsel appearing on behalf of

the respective parties at length.

10. At the outset, it is required to be noted that in the

departmental proceedings the misconduct alleged against

the respondent – driver of driving the vehicle rashly and

negligently due to which the accident occurred in which

four persons died has been proved. Thereafter, the

disciplinary authority passed an order of dismissal,

dismissing the respondent – workman from service. The

Labour Court did not interfere with the order of dismissal

by giving cogent reasons and after re­appreciating the

entire evidence on record including the order of acquittal

passed by the criminal court. However, the Industrial

Court though did not interfere with the findings recorded

10
by the disciplinary authority on the misconduct proved,

interfered with the order of dismissal solely on the ground

that punishment of dismissal is disproportionate to the

misconduct proved and the same can be said to be to be

unfair labour practice as per item No.1(g) of Schedule­IV of

the MRTU & PULP Act, 1971. The same is not interfered

with by the High Court.

10.1 Therefore, the short question which is posed for the

consideration of this Court is whether in the facts and

circumstances of the case the punishment of dismissal can

be said to be an unfair labour practice on the ground that

the same was disproportionate to the misconduct proved

and therefore the Industrial Court was justified in

interfering with the order of dismissal and ordering

reinstatement with continuity of service.

10.2 Having gone through the findings recorded by the enquiry

officer in the departmental enquiry and the judgment and

order passed by the labour court as well as the Industrial

Court and even the judgment and order of acquittal passed

by the criminal court, it emerges that when the respondent

11
was driving the vehicle it met with an accident with the

jeep coming from the opposite side and in the said accident

four persons died. From the material on record it emerges

that the impact of the accident with the jeep coming from

the opposite side was such that the jeep was pushed back

25 feet. From the aforesaid facts it can be said that the

respondent – workman was driving the vehicle in such a

great speed and rashly due to which the accident had

occurred in which four persons died. Even while acquitting

the accused – respondent – driver who was facing the trial

under Sections 279 and 304(a) of IPC Criminal Court

observed that the prosecution failed to prove that the

incident occurred due to rash and negligent driving of the

accused – respondent herein only and none else. Therefore,

at the best even if it is assumed that even driver of the jeep

was also negligent, it can be said to be a case of

contributory negligence. That does not mean that the

respondent – workman was not at all negligent. Hence, it

does not absolve him of the misconduct.

12
10.3 Much stress has been given by the Industrial Court on the

acquittal of the respondent by the criminal court. However,

as such the Labour Court had in extenso considered the

order of acquittal passed by the criminal court and did not

agree with the submissions made on behalf of the

respondent – workman that as he was acquitted by the

criminal court he cannot be held guilty in the disciplinary

proceedings.

10.4 Even from the judgment and order passed by the criminal

court it appears that the criminal court acquitted the

respondent based on the hostility of the witnesses; the

evidence led by the interested witnesses; lacuna in

examination of the investigating officer; panch for the spot

panchnama of the incident, etc. Therefore, criminal court

held that the prosecution has failed to prove the case

against the respondent beyond reasonable doubt. On the

contrary in the departmental proceedings the misconduct

of driving the vehicle rashly and negligently which caused

accident and due to which four persons died has been

established and proved. As per the cardinal principle of law

13
an acquittal in a criminal trial has no bearing or relevance

on the disciplinary proceedings as the standard of proof in

both the cases are different and the proceedings operate in

different fields and with different objectives. Therefore, the

Industrial Court has erred in giving much stress on the

acquittal of the respondent by the criminal court. Even

otherwise it is required to be noted that the Industrial

Court has not interfered with the findings recorded by the

disciplinary authority holding charge and misconduct

proved in the departmental enquiry, and has interfered

with the punishment of dismissal solely on the ground that

same is shockingly disproportionate and therefore can be

said to be an unfair labour practice as per clause No.1(g) of

Schedule­IV of the MRTU & PULP Act, 1971.

10.5 Now so far as the order passed by the Industrial Court

ordering reinstatement with continuity of service by

invoking clause No.1(g) of Schedule­IV of the MRTU &

PULP Act, 1971 is concerned, as per clause No. 1(g) only in

a case where it is found that dismissal of an employee is

for misconduct of a minor or technical character, without

14
having any regard to the nature of the particular

misconduct or the past record of service of the employee,

so as to amount to a shockingly disproportionate

punishment. Clause No.1 of Schedule­IV of the MRTU &

PULP Act, 1971 reads as under:­

“Schedule IV

1. To discharge or dismiss employees­

(a) by way of victimisation;
(b) not in good faith, but in the colourable exercise
of the employer’s rights;
(c) by falsely implicating an employee in a criminal
case on false evidence or on concocted evidence;
(d) for patently false reasons;

(e) on untrue or trumped up allegations of absence
without leave;

(f) in utter disregard of the principles of natural
justice in the conduct of domestic enquiry or
with undue haste;

(g) for misconduct of a minor or technical
character, without having any regard to the
nature of the particular misconduct or the past
record of service of the employee, so as to
amount to a shockingly disproportionate
punishment.”

Applying clause No.1(g) of Schedule­IV of the MRTU &

PULP Act, 1971, to the present case it cannot be said that

the dismissal of the respondent was for misconduct of a

minor or technical character, without having any regard to

15
the nature of the misconduct. The respondent – workman

has been held to be guilty for a particular charge and

particular misconduct. Even the past record of service of

the respondent has not been considered by the Industrial

Court. As per case of the appellant – MSRTC the

respondent – workman was in service for three years and

during three years’ service tenure he was punished four

times. Therefore, it cannot be said that the order of

dismissal was without having any regard to the past record

of the service of the respondent. Therefore, in the facts and

circumstances of the case, the Industrial Court wrongly

invoked clause No.1(g) of Schedule­IV of the MRTU & PULP

Act, 1971.

11. Even otherwise in the facts of the case when in the

departmental enquiry, it has been specifically found that

due to rash and negligent driving on the part of the driver –

respondent, the accident took place in which four persons

died, when the punishment of dismissal is imposed it

cannot be said to be shockingly disproportionate

punishment. In the departmental proceedings every aspect

16
has been considered. At the cost of repetition, it is observed

that even the Industrial Court has not interfered with the

findings recorded by the enquiry officer in the

departmental proceedings. Therefore, in the facts and

circumstance of the case, the Industrial Court committed a

grave error and has exceeded in its jurisdiction while

interfering with the order of dismissal passed by the

disciplinary authority, which was not interfered by the

Labour Court.

12. It is also required to be noted that before the Industrial

Court the respondent – workman – driver admitted that

after the order of dismissal he has been gainfully employed.

Therefore also the reinstatement in service with continuity

of service was not warranted.

13. Even the directions issued by the High Court in para 8 in

the impugned judgment and order directing the appellant

to pay wages to the respondent – workman for the period

from 01.11.2003 to 31.05.2018 also could not have been

passed by the High Court in a writ petition filed by the

appellant. It was not the petition filed by the workman –

17
respondent. Therefore, even otherwise the directions issued

in para 8 of the impugned judgment and order cannot be

sustained as the same is beyond the scope and ambit of

the controversy before the High Court.

14. In view of the above and for the reasons stated above, the

present Appeal Succeeds. The judgment and order passed

by the Industrial Court in Revision Application (ULP) No.13

of 2002 and the impugned judgment and order passed by

the High Court in Writ Petition No.8401 of 2003 are hereby

quashed and set aside and the judgment and Award

passed by the Labour Court in Complaint (ULP) No.96 of

1993 is hereby ordered to be restored. Consequently, the

order of dismissal passed by the disciplinary authority

dismissing the respondent – workman from service is

hereby upheld. The present appeal is allowed to the

aforesaid extent. There shall be no order as to costs.

…………………………………J.
(M. R. SHAH)

…………………………………J.
(B. V. NAGARATHNA)
New Delhi,
January 03, 2022

18

Comments

Leave a Reply

Sign In

Register

Reset Password

Please enter your username or email address, you will receive a link to create a new password via email.