- In the case of Maharashtra State Road Transport Corporation vs. Dilip Uttam Jayabhay, the Hon’ble SC has set aside the order of the Industrial Court which directed the Maharashtra State Road Transport Corporation to re-employ a driver who was fired after disciplinary proceedings. The SC further observed that acquittal in a criminal trial will have no effect on the disciplinary proceedings as the standard of proof in both the cases is different and has different objectives.
- In the instant case, disciplinary proceedings were instituted against a driver who met with an accident with a jeep, in which four people had died. The Labour Court, on finding that there was negligence on the part of the driver, terminated his employment.
- In the opinion of the Labour Court, acquittal in the criminal case will not impact it’s decision as the former was based on failure of the prosecution to establish it’s case and not because the driver was innocent. In a revision petition filed by the driver, the Industrial Tribunal held that the Labour Court was mistaken in terminating the employment of the driver. The Industrial Tribunal laid emphasis on the acquittal in the criminal case and held that there was contributory negligence on the part of both the drivers.
- The Bombay HC was also in agreement with the view of the Industrial Court and dismissed the writ petition filed by the MSRTC challenging the order. Aggrieved, they filed an appeal before the SC.
- The primary issue which needed the Court’s consideration was whether the termination of employment of the driver could be said to be unfair on the ground that the same was disproportionate to the misconduct.
- The Court held that even if the argument of contributory negligence could be accepted as true, it would not absolve the driver of his own misconduct, as we could not say that the driver was not negligent at all.
- The Court, while allowing the appeal, observed that the Industrial Court had been mistaken in laying so much stress on the acquittal order passed by the Criminal Court. The Court said that the order of acquittal was mainly based on the lack of evidence as most of the prosecution witnesses had turned hostile. This acquittal would have no bearing on the disciplinary proceedings where it has been proved that the driver was negligent in his conduct which led to loss of four innocent lives.
- The Court also said that the punishment of dismissal was not disproportionate to the guilt of the accused.
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