Case Law Details
Rajasthan State Road Transport Corporation Vs Bharat Singh Jhala (Dead) Son of Shri Nathu Singh(Supreme Court of India)
Conclusion: In present matter, the Hon’ble Supreme Court observed that once the order of termination was approved by the Industrial Tribunal on appreciation of evidence led before it, thereafter the findings recorded by the Industrial Tribunal were binding between the parties and no contrary view could have been taken by the Labour Court contrary to the findings recorded by the Industrial Tribunal.
Facts: In present facts of the case, the Appeal was filed against the impugned judgment and order dated 12.08.2021 passed by the Division Bench of the High Court of Judicature for Rajasthan, by which the Division Bench of the High Court has dismissed the said appeal challenging the order passed by the learned Single Judge dismissing the writ petition filed by the appellant confirming the order passed by the Labour Court setting aside the order of termination passed against the workman.
In the said case, the workman was serving on the post of Conductor. A departmental enquiry was initiated against him alleging not issuing the tickets to 10 passengers though he collected the amount of tickets. In the department inquiry he was found guilty for the misconduct alleged. The employer (Appellant in this case) terminated his services vide Order dated 31.07.2001.
An application for approval of punishment order under Section 33(2)(b) of Industrial Dispute Act, 1947 was submitted before the Industrial Tribunal on 31.07.2001, where Industrial Tribunal granted the approval of the order of termination. That thereafter and after a period of approximately 19 years from the date of passing the order of termination, the workman again raised the Industrial Dispute challenging the order of termination of 2001. By Judgment and Award dated 19.11.2019 the Labour Court, Jaipur allowed the said reference and set aside the order of termination. As in the meantime the workman died and the dispute was raised after a period of 19 years, the Labour Court passed an order awarding 50% back wages from the date of termination till his death i.e. 10.12.2018. The Judgment and Award passed by the Labour Court was challenged before the learned Single Judge of the High Court. The learned Single Judge dismissed the writ petition. Against the award passed by the learned Single Judge dismissing the writ petition the appellant preferred the appeal before the Division Bench. By impugned judgment and order the High Court has dismissed the said appeal which has given rise to the present appeal.
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