TMI Blog2015 (7) TMI 1431X X X X Extracts X X X X X X X X Extracts X X X X ..... ORT CORPORATION VERSUS SYED SAHEBLAL SYED NIJAM [ 2014 (5) TMI 1229 - BOMBAY HIGH COURT ], has not been followed by the Labour Court. It could not have decided the preliminary issues along with all the rest of the issues in one stroke while delivering the impugned award. For this reason alone, the impugned award is rendered unsustainable. No purpose would be served by remanding the reference proceedings to the Labour Court for a decision in the light of the ratio laid down by this Court in the case of MAHARASHTRA STATE CO-OPERATIVE COTTON GROWERS MARKETING FEDERATION LTD. AND ORS. VERSUS VASANT AMBADAS DESHPANDE [ 2014 (1) TMI 1935 - BOMBAY HIGH COURT] , and the MSRTC, Beed case [ 2016 (12) TMI 1905 - SUPREME COURT ], since the respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Labour Court in Reference (IDA) No.47 of 2007 is dated 20.6.2013. 5. The petitioner has canvassed a host of factors. He submits that the respondent / Bus Conductor was charged with having committed misappropriation. His misdeed was discovered on 6.9.2001 when the bus proceeding from Chalisgaon to Patangaon was inspected by the flying squad at Balziri phata. Six passengers were found travelling ticketless and the cash box indicated that the fare of the tickets were collected by the respondent 6. He was charge sheeted and after conducting an enquiry, he was dismissed from service with effect from 26.8.2002. 7. Reference proceedings initiated by the respondent for questioning his dismissal from service resulted in the impugned award b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court. It could not have decided the preliminary issues along with all the rest of the issues in one stroke while delivering the impugned award. For this reason alone, the impugned award is rendered unsustainable 13. However, I do not find that any purpose would be served by remanding the reference proceedings to the Labour Court for a decision in the light of the ratio laid down by this Court in the case of Maharashtra Cotton Growers' Marketing Federation Limited and another Vs. Vasant Ambadas Deshpande [2014(3) Mh.L.J. 339], and the MSRTC, Beed case (supra), since the respondent has already superannuated. His PF accumulations totalling Rs. 1,17,621/- have already been paid to him on 24.12.2002. The 50% of the backwages as were gra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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