Summary
The Supreme Court rejected continuity of service granted to a contract driver whose termination after disciplinary enquiry and subsequent fresh engagement remained unchallenged. The High Court had extended a prior batch ruling without attending to the individual circumstances. The Court set aside the appellate judgment and directed that seniority run from fresh appointment; the connected appeal was disposed of on the same terms.
Issues
- Whether continuity could bridge an unchallenged disciplinary termination and fresh contractual appointment.
Held
- The workman sought continuity without challenging either the termination following enquiry or the fresh appointment. The High Court could not grant that relief without those orders being put in issue and adjudicated. (¶¶ 5, 10, 11)
- Continuity removes a break where termination is set aside. Granting it here would disregard the subsisting misconduct outcome and equate the respondent with contractual employees having unblemished service. (¶¶ 11, 12)
- The earlier batch decision involved absence of enquiry or breach of natural justice and did not dispense with consideration of each employee’s circumstances. (¶¶ 9, 13, 14)
- The High Court appellate judgment was set aside and seniority directed to count from fresh appointment. The companion appeal was governed by the same directions. (¶¶ 15, 16, Connected appeal order)
Result
Principal appeal allowed and disposed of without costs; High Court appellate judgment set aside and seniority to count from fresh appointment. Connected appeal disposed of on the same terms.