Desai, J.
1. The petitioner was working as a driver. After a departmental enquiry, he was dismissed. He approached the Labour Court under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, the complaint was dismissed. Order of dismissal was confirmed. In revision, the Industrial Court refused to interfere with the order of the Labour Court. Hence this petition.
It is urged at length by Mr. Jagdale that it was the first accident. The damage caused to the vehicle was only to the extent of Rs. 2,000/- when a State Transport Bus colluded against a tractor. In view of the nature of the accident, the punishment of dismissal is severe and disproportionate looking to the gravity of the misconduct. In view of this, a notice was issued to the respondent Corporation.
2. Mr. Wankhade appeared for the respondent-Corporation and submitted a list of previous incidents indicating the various accident. On the earlier occasion, a minor punishment of stoppage of increment was imposed. However, the employee petitioner did not improve. Mr. Jagdale at this stage urged that one more chance be given to the petitioner employee. However, looking to the previous records and the accident involved in the instant proceedings giving further chance by granting reinstatement would be seriously dangerous to the life of the passengers and public. As such, I do not propose to interfere with the concurrent finding recorded by the Courts below. The petition is dismissed. No order as to costs.