Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1979 Tuticorin Port (Authorization of Pilots) Regulations |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | [R. BANUMATHI AND INDIRA BANERJEE, JJ.]Tuticorin Port (Authorization of Pilots) Regulations, 1979:regns 2(e), 4, 6 – Appointment – Respondent was appointed in 2008to the post of Pilot Officer – Appointment was on regular basis witha condition to serve at least two years as pilot and subject toqualifying the examination for issue of pilot licence to perform dutiesof pilot as per the Regulations, 1979 – Respondent was terminatedfrom service in 2012 on the ground that he held certificate ofcompetency (CoC) as Master issued by the Maritime and PortAuthority of Singapore which is not equivalent to the certificategranted by the Government of India – High Court set aside theorder of termination and directed reinstatement with back wagesgiving liberty to the appellant-Port Trust to examine the validity ofthe certificates possessed by respondent by providing him anopportunity of personal hearing – On appeal, held: In theadvertisement issued for the post of Pilot Officer in response towhich the respondent had applied and thereafter was appointed, itwas not indicated that the candidate should have CoC issued bythe authorities recognised by the Government of India – As per theRegulations, 1979, the qualification of candidates for pilot licenceis to possess CoC as Master (Foreign going) granted by theGovernment of India or its equivalent – Neither at the time of theappointment of the respondent nor subsequently, the appellants-Port Trust raised any objection that CoC granted by Maritime andPort Authority of Singapore was not equivalent to the CoC grantedby the Government of India – In fact, in the letter of appointment,the appointment was subject to condition that the respondent shouldqualify in the examination for issue of pilot license to perform dutiesin Tuticorin Port Trust – Respondent was allowed to perform duties– There was no good ground warranting interference with theimpugned order – In the peculiar facts and circumstances of the instant case, the respondent having not worked with the appellantsfrom 2012 till date, the order of the High Court is modified withregard to the back wages to the extent that the same is reduced to40% with effect from 2012 till the date of joining – Service law –Termination. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 1164 |
Petitioner | The Chairman V.o. Chidambaranar Port Trust And Ors. |
Respondent | Capt. Paul Nadar Bennet Singh |
SCR | [2018] 13 S.C.R. 942 |
Judgement Date | 2018-12-06 |
Case Number | 11902 |
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