VidhiSangh

Supreme Court of India · 30/09/2022

RAJASTHAN STATE ROAD TRANSPORT CORPORATION versus BHARAT SINGH JHALA (DEAD) SON OF SHRI NATHU SINGH, THROUGH LEGAL HEIRS & ANR.

[2022] 7 S.C.R. 276 · 2022 INSC 1048

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Summary

A bus conductor was dismissed in 2001 after a departmental inquiry found that he had collected fares from ten passengers without issuing tickets. On the Corporation's application under Section 33(2)(b) of the Industrial Disputes Act, the Industrial Tribunal held the inquiry defective but let the employer prove the charge before it. After full oral and documentary evidence, it approved the dismissal in 2015. The workman later raised an industrial dispute, about 19 years after the termination. The Labour Court set the dismissal aside and awarded 50% back wages up to his death, and the High Court upheld that award. The Supreme Court reversed. Once the Tribunal, a higher forum, had approved the dismissal on evidence led before it, its findings had become final and bound the parties. A fresh reference under Section 10 was not permissible, and John D'Souza was distinguished.

Issues

  1. Whether, after the Industrial Tribunal approved a dismissal under Section 33(2)(b) of the Industrial Disputes Act on evidence led before it to prove the misconduct, the workman could challenge the same dismissal in a later reference under Section 10.
  2. Whether John D'Souza v Karnataka SRTC, on the summary nature of Section 33(2)(b) proceedings, applied.

Provisions considered

Held

Result

Appeal allowed. The Labour Court's award setting aside the termination and the High Court's judgments upholding it were set aside. No costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 276.