Chhatrapati Sambhajinagar
The Mumbai High Court's Aurangabad Bench has upheld an order by the Industrial Court in Latur, which found the Maharashtra State Road Transport Corporation (MSRTC) guilty of adopting "unfair labour practices" against ST driver Shivaji Pundalik Pofale. Justice Kishor C. Sant dismissed the corporation's petition and directed it to act in accordance with the Industrial Court's order within six weeks.
The Industrial Court had earlier instructed the MSRTC to refrain from engaging in unfair labour practices in the future. It also revoked the punishment imposed on ST driver Pofale, which involved a reduction of three increments in his basic salary. The court further ordered the return of the deducted amount within two months. The High Court’s ruling has upheld the Industrial Court’s decision, providing relief to the driver.
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What was the incident?
On March 22, 2013, while driving a bus on the Udgir-Ahmedpur road near Khandasari Waigaon Phata, driver Pofale was involved in an accident. An Innova car, attempting to overtake another vehicle, collided with the bus from the right side. The accident resulted in injuries to four bus passengers and the death of two passengers in the Innova.
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Action against the ST Driver
Despite the divisional traffic controller noting that the accident was not the driver’s fault, the MSRTC deemed Pofale guilty and ordered a reduction of three increments in his basic salary. Pofale filed a complaint with the Industrial Court in Latur, which ruled in his favour. The MSRTC subsequently challenged this decision in the High Court.
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Driver wrongly blamed despite No-Fault
Advocate Ajinkya Reddy, representing Pofale, highlighted before the High Court that the inquiry report explicitly mentioned that the accident occurred due to the car driver's mistake. However, the MSRTC still concluded that the ST driver was at fault. This argument led to the dismissal of the corporation’s petition and the reinstatement of the Industrial Court’s order.