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by Admin
07 May 2024 2:49 AM
New Delhi, September 14, 2023: The Supreme Court of India today dismissed an appeal filed by the Chief Manager of the Rajasthan State Road Transport Corporation (RSRTC) against a respondent who had passed away. The case had been ongoing for several years, involving an RSRTC employee who had initially been dismissed from service for operating a bus unauthorizedly.
Application for Substitution Allowed
The court began by allowing an application for substitution due to the passing away of both the original employee and his spouse, who had taken up the case after his demise. The delay in filing the application for substitution was also condoned by the court.
Labour Court’s Decision Upheld
The Labour Court had earlier altered the punishment of the employee from dismissal from service to withholding one year’s salary with a non-cumulative effect. This decision was upheld by the High Court and has now been affirmed by the Supreme Court as well. The appellant had argued that the Labour Court’s decision should not stand as a writ petition filed earlier had been dismissed. However, the Court pointed out that the dismissal of the writ petition did not prevent the filing of an industrial dispute.
No Ground for Interference
The apex court ruled that it found no ground for interfering with the impugned judgment and dismissed the appeal, directing parties to bear their own costs.
The order was passed by a bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia. Dr. Ritu Bhardwaj represented the appellant, and Mr. Merusagar Samantaray represented the respondent.
This decision marks a significant ruling in the realm of industrial disputes, particularly regarding the scope and limitations in successive rounds of litigation.
Date of Decision: September 14, 2023
RAJASTHAN STATE ROAD TRANSPORT CORPORATION vs CHETAN DEVI (DEAD)
[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/09/The_Chief_Manager_Rajasthan_vs_Chetan_Devi_14_September_20231.pdf"]
