Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws: Termination of service – Re-engagement andcontinuity of service – On facts, termination of employee on contract,after charges of misconduct stood proved in a departmental enquiry– Said order upheld in departmental appeal, appeal before regionalmanager and the labour court – In writ petition by workman, theSingle Judge of the High Court relying on the order in earlier casedirected the employer-appellants to re-engage the employee inservice and extend the benefit of continuity of service from date ofthe earlier termination until re-engagement – Said order upheld bythe Division Bench – On appeal, held: Single Judge without havingregard to the facts of the individual cases, mechanically issued thedirections exclusively relying on the earlier decision – Single Judgeand the Division Bench materially erred in not appreciating thatthe facts in the instant case and the decision relied upon were different– Even otherwise such a direction could not be issued by the SingleJudge without the termination being set aside – Continuity can begranted when the order of termination is set aside to ensure there isno hiatus in service – Thus, the order passed by the Single Judge aswell as the Division Bench set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2018 INSC 1176 |
Petitioner | The Depot Manager |
Respondent | Sri R. K. Reddy |
SCR | [2018] 14 S.C.R. 1236 |
Judgement Date | 2018-12-07 |
Case Number | 12245 |
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