Supreme Court of India · 2009-09-17
SUBHASH vs DIVISIONAL CONTROLLER M.S.R.T.C.
- Citation / case number
- SC 2008/2020
- Court
- Supreme Court of India
- Petitioner
- SUBHASH
- Respondent
- DIVISIONAL CONTROLLER M.S.R.T.C.
Judgment text excerpt
The Supreme Court addressed the dismissal of the appellant from service under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, specifically referencing Section 28. The Court established that while the appellant's negligence in driving was proven, the First Appellate Authority's decision to set aside the dismissal was appropriate, but modified to reinstate the appellant with continuity of service, albeit without back wages. The outcome was a partial allowance of the appeal, modifying the earlier order to ensure fairness in light of the appellant's conduct.