Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Assistant Engineers Reinstatement Service Law Termination |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Termination - Reinstatement - Respondent-employees were appointed by appellant- employer on ad-hoc temporary basis as Assistant Engineers - Subsequently they were dismissed from their services - High Court held that respondents were entitled for relief and reinstated them into their services - Propriety- Entitlement to benefit of Umadevi's case - Held: Evidence on record produced by respondents clearly showed that they were discharging their services as permanent employees with the appellants to the satisfaction of their employer-Appellants failed to prove that respondents failed to render continuous services to appellants at least for 10 years without intervention of orders of Court - Principle laid down by Supreme Court in Uma Devi's case squarely applicable -Action of appellants in terminating the services of respondent-employees was not only arbitrary but also shocked conscience - High Court right in reinstating respondent-employees into their services under the appellants by relying on the legal principles laid down in Uma Devi's case.Constitution of India, 1950 - Art. 136 - Interference under- Scope - Discussed. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 316 |
Petitioner | State Of Jharkhand & Ors. |
Respondent | Kamal Prasad & Ors. |
SCR | [2014] 13 S.C.R. 370 |
Judgement Date | 2014-04-23 |
Case Number | 4809 |
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