Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | struck-off from the rolls workman rendered service more than 240 days vehicle met with an accident Labour Laws driver removed from the service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws:Uttar Pradesh Industrial Disputes Act, 1947 - ss. 2(s), 6-N, 6-R and 6-Q -Appellant-workman employed as driver with the respondent-Corporation - While on duty, due to technical fault in the vehicle, the vehicle met with an accident - Workman also sustained grievous injuries - Name of the workman struck-off from the rolls of post of driver and removed from the services - Industrial dispute raised - Labour court held that termination of services of the workman was contrary to law and directed his reinstatement without break in service with all consequential reliefs-High Court set aside the award of reinstatement and consequential reliefs and held that the workmen was only entitled to consolidated compensation calculated from the date of his engagement till the date of his disengagement - On appeal, held: The workman was engaged on permanent basis- In view of Schedule V, entry 10 of central Industrial Disputes Act, the Corporation is prohibited from engaging the workman as a casual or temporary workman on permanent basis - The workman had rendered service more than 240 days in a calendar year until his termination- Thus his engagement on contractual basis is statutorily prohibited - The same amounts to unfair labour practice u/s. 2(ra) and is punishable u/s. 25U of the central Act - The termination order amounts to retrenchment- Non- compliance of the statutory provisions u/ss. 6-N, 6-R and 6- Q has rendered the termination order void ab inito in law - The labour court was justified in passing award of reinstatement with consequential benefits- The High Court erroneously set aside the award by interfering with findings of fact in exercise of its supervisory jurisdiction u/Arts 226 and 227 of the Constitution - The injuries sustained by the workman are employment injuries suffered during the course of employment - Therefore, the Corporation is statutorily obliged u/s. 47 of Persons with Disabilities Act, 1995 to provide alternate equivalent job to the workman- Industrial Disputes Act, 1947 - ss. 2(ra), 25T, and 25U, Schedule /, Entry No. 10 - The Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995 - s. 47 - Constitution of India, 1950 -Arts. 226 and 227. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 788 |
Petitioner | Sudarshan Rajpoot |
Respondent | U.p. State Road Transport Corporation |
SCR | [2014] 13 S.C.R. 957 |
Judgement Date | 2014-11-18 |
Case Number | 10353 |
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