RAJASTHAN STATE ROAD TRANSPORT CORP v. DEVI SHANKAR

Supreme Court of India · 10 Aug 2017 · 2017 INSC 737
KURIAN JOSEPH; R. BANUMATHI
CIVIL APPEAL NO(S). 7340 OF 2009
labor appeal_dismissed

AI Summary

The Supreme Court dismissed the appeal of Rajasthan State Road Transport Corporation, upholding the employee's service continuation despite the question of appropriate forum under the Industrial Disputes Act being left open.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 7340 OF 2009
RAJASTHAN STATE ROAD TRANSPORT CORP. Appellant(s)
VERSUS
DEVI SHANKAR & ORS. Respondent(s)
JUDGMENT
KURIAN, J.

1. Though the appellant-Corporation has raised a question of law as to whether the employee should take recourse to the remedy under the Industrial Disputes Act, instead of going to the civil court, having regard to the fact that the respondent-employee had the advantage of three decrees of the courts below and also taking note of the further fact that he has been in service for quite long and is apparently, on the verge of retirement, we do not think it just and proper to disturb his services now.

2. Therefore, leaving the question of law open, this appeal is dismissed. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ R. BANUMATHI ] New Delhi; August 10, 2017. 2017 INSC 737 ITEM NO.105 COURT NO.6

SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 7340/2009 RAJASTHAN STATE ROAD TRANSPORT CORP. Appellant(s)

VERSUS

JUSTICE KURIAN JOSEPH HON'BLE MRS.

JUSTICE R. BANUMATHI For Appellant(s) Mr. Niraj Bobby Paonam, Adv. Mr. S. K. Bhattacharya, AOR (Not Present) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed non-reportable Judgment. Pending interlocutory applications, if any, stand disposed of. (JAYANT KUMAR ARORA) (RENU DIWAN)