16 April 2024 Recovery of Provident fund amount >> Workplace/ Professional Related  

A Maharashtra State Road Transport Corporation (MSRTC) driver who was dismissed in 1995 for unauthorized absence has been partially reinstated by a court order. The court ruled that the driver will get his job back but with reduced back wages.

The driver, who had been with MSRTC since 1978, was initially fired for failing to report to his new depot after a transfer. He argued that his wife's illness prevented him from working, but the Labour Court didn't accept this explanation and upheld the dismissal. However, they awarded him 25% back wages.

The driver appealed the decision, and the Industrial Court took a different view. They overturned the dismissal, citing the MSRTC's failure to present a witness for cross-examination during the disciplinary proceedings. As a result, they ordered the driver's reinstatement with full back wages.

MSRTC challenged this decision, arguing that the driver's long absence without proper justification warranted the dismissal. They also pointed out their financial strain as a non-profit organization.

The court acknowledged the driver's lengthy absence but placed blame on MSRTC's procedural shortcomings for the reinstatement order. However, they felt the full back wages awarded by the Industrial Court were excessive.

In the final verdict, the court ordered the driver's reinstatement with 50% back wages instead of 100%. The period of his absence will still be counted towards his retirement benefits. MSRTC must comply with the court order and pay the driver his back wages and retirement benefits within 8 weeks.