Case Note & Summary
The case involved an appeal by the Regional Manager of Uttaranchal Road Transport Corporation against a judgment of the Uttranchal High Court that had allowed a writ petition filed by an employee, Than Singh. The employee was terminated from service following a departmental inquiry that found him guilty of failing to issue tickets to passengers despite collecting fares. The Tribunal upheld the termination, but the High Court reversed this decision, stating that the employee had issued tickets, albeit without proper entries in the way bill. The Supreme Court found that the High Court's findings were not supported by the record, as the employee himself admitted to not issuing tickets to 20 passengers. The Court noted that the issuance of tickets after the fact, as directed by checking staff, could not rectify the initial illegality. Consequently, the Supreme Court set aside the High Court's order and remitted the matter for fresh consideration, allowing the appeal without costs.
Headnote
A) Employment Law - Termination of Service - Justification of Termination - Uttar Pradesh Industrial Disputes Act, 1947, Section Not Mentioned - The High Court set aside the termination order based on incorrect findings regarding ticket issuance by the employee. The Supreme Court held that the High Court's conclusions were contrary to the materials on record and remitted the matter for fresh consideration (Paras 4-7).
Issue of Consideration
Whether the High Court's findings regarding the issuance of tickets by the employee were justified.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and remitted the matter for fresh consideration without any orders as to costs.
Law Points
- Employment law
- termination of service
- departmental inquiry
- Industrial Disputes Act
- reinstatement
