VidhiSangh

Supreme Court of India · 07/12/2018

THE DEPOT MANAGER, APSRTC versus M. MARUTHI

[2018] 13 S.C.R. 1216 · 2018 INSC 1171

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Summary

The Supreme Court set aside High Court directions to re-engage a dismissed contract conductor with continuity for regularisation purposes. The High Court had mechanically applied an earlier decision without addressing the distinct disciplinary and adjudicatory history: an enquiry, failed departmental appeal and Industrial Tribunal confirmation of termination. Those distinctions also required correction when specifically raised in review.

Issues

  1. Whether an earlier decision justified re-engagement and continuity without addressing material differences in the employee’s disciplinary and litigation history.
  2. Whether refusal to review that application of precedent could stand.

Held

Result

Corporation’s appeals allowed to the stated extent without costs; Single Judge’s order and Division Bench’s appellate and review orders set aside.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 1216.