1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8191 OF 2008 Vasant Kalu Dighe ..Petitioner. Vs. Maharashtra State Road Transport Corporation ..Respondent. .... Mr. M.S. Topkar for the Petitioner. Mr. G.S. Hegde for the Respondent. .... CORAM: DR. D.Y. CHANDRACHUD, J. 17th December, 2008. P.C. : The Petitioner who was engaged as a driver with the M. S. R. T. C. was issued a charge-sheet on 28th June, 2003 on the allegation that on 12th April, 2003, while driving a bus to which he was assigned, the Petitioner had caused a collusion due to rash and negligent driving, with a vehicle coming from the opposite direction resulting in the death of two and injuries to three persons on the oncoming vehicle. After a domestic enquiry was conducted, the Enquiry Officer recorded a finding of fact that the Petitioner had been guilty of the misconduct of rash and negligent driving. The Petitioner 2 was issued a show cause notice to explain why the findings of the Enquiry Officer should not be accepted and why he should not be dismissed from service. At that stage, the Petitioner moved a complaint of unfair labour practices. Initially an ad interim stay was granted. The Labour Court has dismissed the complaint. The order of the Labour Court has been confirmed in revision. At this stage, the Labour Court was justified in declining to grant any relief to the Petitioner since upon the conclusion of the disciplinary enquiry, a notice to show cause was issued to the Petitioner for explaining as to why the findings of the Enquiry Officer should not be accepted and why the punishment of dismissal should not be imposed. The Petitioner was at liberty to raise all appropriate contentions as he may be advised to raise. No case of the commission of an unfair labour practices has been made out at this stage so as to warrant intervention by this Court. The orders passed by the Labour Court and by the revisional Court do not suffer from any infirmity. However, if the Petitioner shall file a reply to the notice to show cause 3 within seven days from today, the competent authority shall duly consider the reply before arriving at a final decision. Subject to the aforesaid, the Petition is dismissed. *****