Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Road Transport Corporation Act Badli workers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour laws: Badli workers-Status and rights of-Held: Badli worker does not enjoy any status as a worker-His services are not protected and can be terminated if found unsatisfactory like that of a probationer-Status of temporary employee is higher than Badli worker-Rights of Badli workers are not absolute in nature-He can raise dispute with regard to wrongful termination of services only on violation of mandatory statutory provisions. Road Transport Corporation Act, 1950-Karnataka State Road Transport Corporation (Cadre and Recruitment) Regulation, 1982-Regulations 4(6) and 10(5)-Badli workers appointed, services utilised on day to day basis, repeated acts of misconduct by them-Termination of services finding services unsatisfactory-Correctness of -Held : Badli workers do not acquire any legal right to continue in service nor protection under the Industrial Disputes Act since they have not completed 240 days of service as required under section 25F of the 1947 Act-Also principles of natural justice complied with before imposing punishment-Hence, termination order cannot be faulted with-Even if termination order is found bad in law, worker's name can only be considered to continue in wait list and cannot be automatically absorbed in service-Industrial Disputes Act, 1947 Section 25F-Administrative Law. Appellants-State Road Transport Corporation appointed respondents as Badli Conductors on badli basis. Respondent in the first appeal committed repeated acts of misconduct and minor punishments were imposed. Appellants on finding his services to be unsatisfactory, terminated his services. He was discontinued from utilization as Badli and his name was removed from the select list and also his chance of further appointment as conductor in terms of his selection was forfeited. Respondents raised industrial disputes. State filed references before the Labour Court. Both Labour Court and High Court relying on the decision of this Court in S. Govindaraju '" Karnataka S.R. T.C. and Anr., passed awards holding that the termination order were bad in law for non compliance with the principles of natural justice and directed reinstatement of workmen with full back wages. Hence the present appeals. Appellant-State Road Transport Corporation contended that it was not a case-where workman had completed 240 days of service as contained in Section 25F of the Industrial Disputes Act, 1947 as such the respondent did not derive any legal right to continue as a Badli worker and the decision of this Court in S. Govindaraju v. Karnataka S.R.T.C. and Anr., is not applicable; that compliance of principles of natural justice would have been rendered in futility inasmuch past misconduct committed by the respondent stood admitted; and that the respondent was given an opportunity of hearing before imposing punishment. Respondent-workman contended that the conditions of service of the Badli workmen being governed by the Karnataka State Road Transport Corporation (Cadre and Recruitment) Regulations, 1982, as such the right to continue in service is a statutory right; and that the disqualification relating to forfeiture as contemplated under Regulation 10(5) is declared by High Court in some other matter as invalid, deserves strict construction since by the termination order the right of the respondent to be taken in permanent service of the appellant stood forfeited. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 118 |
Petitioner | Karnataka State Road Transport Corporation And Anr. |
Respondent | S.g. Kotturappa And Anr. |
SCR | [2005] 2 S.C.R. 520 |
Judgement Date | 2005-03-03 |
Case Number | 4868 |
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