Summary
The Supreme Court rejected continuity of service granted to a contract driver following disciplinary termination and fresh engagement. Neither the termination after enquiry nor the fresh appointment had been challenged. Continuity could not be awarded without adjudicating those orders. The High Court had applied an earlier batch decision without considering the individual facts; seniority was directed to run from fresh appointment.
Issues
- Whether continuity for regularisation could be granted without challenging the disciplinary termination or the fresh appointment.
Held
- The employee sought continuity alone while leaving both his termination following enquiry and subsequent fresh appointment unchallenged. Such relief could not be granted without putting those orders in issue and adjudicating them. (¶¶ 8, 9)
- Continuity ordinarily removes a service break when termination is set aside. Here treating the employee as continuously serving would improperly place him alongside contractual employees with unblemished records despite the subsisting disciplinary decision. (¶¶ 9, 10)
- The earlier batch decision concerned materially different circumstances, including absence of enquiry or breach of natural justice. The High Court failed to consider the facts of this individual case. (¶¶ 7, 11, 12)
- The respondent’s seniority was to be counted from his fresh appointment in the Corporation. (¶ 14)
Result
Corporation’s appeal allowed to the stated extent without costs; Single Judge and Division Bench judgments set aside. Seniority to count from fresh appointment.