Case Note & Summary
The case involved the Rajasthan State Road Transport Corporation appealing against a judgment by the High Court that upheld a Labour Court's decision to set aside the termination of a workman, Bharat Singh Jhala. The workman, who served as a Conductor, was terminated in 2001 after a departmental enquiry found him guilty of misconduct for not issuing tickets despite collecting fares. The Corporation sought approval for this termination under Section 33(2)(b) of the Industrial Dispute Act, 1947, which was granted by the Industrial Tribunal in 2015 after allowing both parties to present evidence. However, 19 years later, the workman's legal heirs raised an industrial dispute challenging the termination, leading to the Labour Court's ruling in 2019 that set aside the termination and awarded back wages. The Corporation's appeal to the High Court was dismissed, prompting the current appeal to the Supreme Court. The appellant argued that the Labour Court erred in disregarding the Tribunal's approval of the termination, while the respondents contended that the proceedings under Section 33(2)(b) were distinct from those under Section 10 of the I.D. Act. The Supreme Court found that the Labour Court had no jurisdiction to overturn the Tribunal's decision, which had attained finality, and thus quashed the Labour Court's order. The appeal was allowed, and no costs were awarded.
Headnote
A) Employment Law - Termination of Services - Approval of Termination - Industrial Dispute Act, 1947, Section 33(2)(b) - The Supreme Court held that once the Industrial Tribunal approved the termination after due process, the Labour Court could not later set aside this order based on a fresh reference under Section 10 of the I.D. Act. The court emphasized the binding nature of the Tribunal's findings and quashed the Labour Court's order (Paras 6-10).
Issue of Consideration
Whether the Labour Court erred in setting aside the order of termination approved by the Industrial Tribunal after a significant delay.
Final Decision
The Supreme Court allowed the appeal, quashed the Labour Court's order setting aside the termination, and confirmed the approval of termination by the Industrial Tribunal.
Law Points
- Industrial Dispute Act
- 1947
- Section 33(2)(b)
- Section 10
- departmental enquiry
- approval of termination
- binding nature of tribunal findings
