| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Termination - On charges of misconduct - Chal/e1 1 ge to - Back wages - Gratuity - Allegation that while working as a bus conductor. appellant had collected fare from six passengers without issuii1g tickets - Inquiry officer found him guilty - He was terminated from service |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Service law: Termination - On charges of misconduct - Challenge to - Back wages - Gratuity - Allegation that while working as a bus conductor. appellant had collected fare from six passengers, without issuing tickets - Inquiry officer found him guilty - He was terminated from service - Labour court set aside the order of dismissal - However, as appellant had already crossed the age of superannuation, instead of reinstatement, 50% of the back wages from date of termination till the date of superannuation with all other service benefits were granted by the Labour court - High Court modified the award by granting one time compensation of an amount equivalent to 50% of the back wages as awarded by Labour court but did not grant gratuity - On appeal, held: Labour court, on available materials on record, found that the termination was unjustified on basis of perverse finding entered by the inquiry officer - Despite grant of opportunity, 110 evidence was adduced by the management to establish otherwise - Therefore, Labour court cannot be faulted for answering the reference in favour of the appellant - High Court itself granted compensation as it felt that the termination was unjustified and reinstatement was not possible - Appellant entitled to gratuity in respect of his continuous service from his original appointment till the date of his superannuation - Judgment of High Court not sustainable and award of Labour court restored |
| Judge | Hon'ble Mr. Justice Kurian Joseph |
| Neutral Citation | 2016 INSC 1105 |
| Petitioner | Jorsingh Govind Vanjari |
| Respondent | Divisional Controller Maharashtra, State Road Transport Corporation, Jalgaon Division, Jalgaon |
| SCR | [2016] 11 S.C.R. 219 |
| Judgement Date | 2016-12-06 |
| Case Number | 11807 |
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