| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Industrial Disputes Act 33(2)(b) 1947 – ss.10 |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Industrial Disputes Act, 1947 – ss.10, 33(2)(b) – Termination – Departmental Enquiry against workman-conductor (since deceased) for not issuing the tickets even after collecting the amount of tickets – Terminated in 2001 – Order of termination approved in 2015 by Industrial Tribunal – After a period of approximately 19 years from the date of passing the order of termination, the workman again raised the Industrial Dispute, Labour Court set aside the order of termination and passed order awarding 50% back wages from the date of termination till his death in 2018 – Confirmed by High Court – On appeal, held : Once the order of termination was approved by the Industrial Tribunal and the management was permitted to lead the evidence and prove the misconduct before the Court and on appreciation of evidence the order of termination was approved, thereafter fresh reference u/s.10 challenging the order of termination was not permissible – 2015 order passed by the Industrial Tribunal which as such is a higher forum than the Labour Court had attained finality – Though the aforesaid fact was pointed out before the High Court, it did not consider the same – Findings recorded by the Industrial Tribunal were binding between the parties – No contrary view could have been taken by the Labour Court contrary to the findings recorded by the Industrial Tribunal – Award passed by the Labour Court confirmed by High Court set aside. |
| Judge | Hon'ble Mr. Justice M.R. Shah |
| Neutral Citation | 2022 INSC 1048 |
| Petitioner | Rajasthan State Road Transport Corporation |
| Respondent | Bharat Singh Jhala (dead) Son Of Shri Nathu Singh, Through Legal Heirs & Anr. |
| SCR | [2022] 7 S.C.R. 276 |
| Judgement Date | 2022-09-30 |
| Case Number | 6492 |
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