WP/7099/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7099 OF 2010 Maharashtra State Road Transport Corporation, Mumbai ... Petitioner V/s. M.M. Dhongade ... Respondent Mr. G.A. Karmalkar i/b. G.S. Hegde & Associates for the Petitioner. Mr. N.V. Bandiwadekar for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATE : 1 ST FEBRUARY, 2011. P.C. : 1. This Writ Petition has been preferred against the order dated 12th November, 2009 passed by the Industrial Court, Solapur in Complaint (ULP) No.1 of 2001. In this complaint, the respondent had contended that the petitioner- Corporation had committed acts of unfair labour practices under Items 5, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The respondent-workman contended that the procedure required to be followed in the Disciplinary and Appeal Rules had been violated. He also pleaded that the principles of natural justice had been breached in the conduct of the domestic enquiry against him. WP/7099/2010 2 2. The Industrial Court has held that the enquiry was vitiated because it was not held in consonance with the principles of natural justice or the Disciplinary and Appeal Rules. The punishment imposed on the respondent-workman has been set aside by the Court without giving an opportunity to the petitioner-Corporation to lead evidence in Court to prove the charges. Such permission was sought by the petitioner-Corporation in its written statement. 3. By consent of the petitioner-Corporation as well as the respondent- workman, who is present in Court, the impugned order dated 12th November, 2009 passed by the Industrial Court, Solapur in Complaint (ULP) No.1 of 2001 is set aside. The complaint is remanded to the Industrial Court for a decision on the following issues : (i). Whether the petitioner-Corporation proves that the respondent-workman had committed the acts of misconduct mentioned in the charge sheet dated 15th July, 1998? (ii). Whether the punishment imposed on the workman is in consonance with the Disciplinary and Appeal Rules.? WP/7099/2010 3 4. The Industrial Court, Solapur will decide the Complaint (ULP) No.1 of 2001 within a period of six months from today. 5. Both the parties are permitted to lead evidence in respect of these issues. 6. Parties to appear before the Industrial Court, Solapur on 21st February, 2011 at 11:00 A.M. 7. The Writ Petition is disposed of with the aforesaid directions.