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 – Respondent appointed ascontract conductor – Departmental enquiry initiated against him –Found guilty – Dismissed from service – Appeal preferred by therespondent before the First Appellate Authority, rejected –Respondent raised Industrial Dispute – Industrial Tribunal rejectedthe reference and confirmed the order of termination – Writ Petitionfiled by respondent – Allowed by Single Judge relying upon anearlier judgment dtd. 29.02.2012 passed by the Single Judge inanother Writ Petition No. 2786 of 2012 – Writ Appeal filed by theappellant, dismissed by Division Bench – Appellant filed reviewpetition, which was dismissed – Held: Division Bench refused toreview and recall the order passed in appeal solely on the groundthat in the similar facts and circumstances the Division Bench hasdismissed the appeals – However, the Division Bench did not at allconsider the distinguishing facts in Writ Petition No.2786 of 2012and the facts of the case on hand – When the attention of the DivisionBench was drawn to the distinguishing facts in both the cases, theDivision Bench ought to have reviewed and recalled its order,therefore, it erred in confirming the order passed by the Single Judge– Order passed by the Single Judge and the Division Bench quashed– Practice & Procedure. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2018 INSC 1171 |
Petitioner | The Depot Manager, Apsrtc |
Respondent | M. Maruthi |
SCR | [2018] 13 S.C.R. 1216 |
Judgement Date | 2018-12-07 |
Case Number | 12241 |
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