VidhiSangh

Supreme Court of India · 16/10/2019

JOHN D’ SOUZA versus KARNATAKA STATE ROAD TRANSPORT CORPORATION

[2019] 13 S.C.R. 770 · 2019 INSC 1147

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Summary

A dismissed conductor challenged restrictions imposed on the Labour Court’s consideration of the employer’s approval application. The Court explained the two stages of section 33(2)(b): scrutiny of the domestic enquiry record, followed by independent evidence assessment only if the requisite defect or lack of bona fides is found. It required fresh consideration within those limits and first directed renewed mediation.

Issues

  1. What evidence and issues the Labour Court could consider under section 33(2)(b).
  2. Whether approval proceedings could substitute for adjudication of the dismissal dispute.

Provisions considered

Held

Result

The appeal was partly allowed and the High Court judgment modified. The parties were directed to mediation on 4 November 2019, concluding by 3 December, with the Labour Court stay continuing meanwhile. If mediation failed, they were to appear before the Labour Court on 5 December for fresh consideration within the explained limits; successful mediation was to be reported to this Court.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 770.