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M. K. THAKKER
Divisional Controller Shri Gujarat State Road Transport Corporation – Appellant
Versus
President, Vinayak Karmachari Mandal – Respondent
JUDGMENT :
1. Rule returnable forthwith. Learned advocate Ms.Reena Kamani waives service of Rule on behalf of respondent.
2. The present petition is filed under Article 227 of the Constitution of India challenging the order passed by learned Industrial Tribunal, Jamnagar dated 18.08.2021 in Reference (IT) No.16 of 2017, whereby learned Tribunal has granted benefit of time-scale to the present respondent – workman.
3. Gist of the case is that the petitioner was appointed as a driver-cum-conductor with the respondent by an order dated 28.07.2010. He resumed his duty on 13.07.2010 and as per the terms of the appointment’s order, he was paid fixed salary for the first 5 years of service. He was terminated from the service on the ground of misconduct by an order dated 10.06.2011, therefore, reference came to be filed before learned Labour Court, Jamnagar being Reference (LCJ) No.19 of 2013 praying to reinstate the respondent with all consequential benefits and back wages. Learned Labour Court, after hearing to the parties, comes to the conclusion that without initiating the disciplinary action, order of termination was passed which is dehors the provisions of Industrial Disputes Act and th
Continuity of service does not automatically entitle an employee to time-scale benefits unless actual service conditions are fulfilled as per the Industrial Disputes Act.
Reinstatement following a penalty does not automatically grant entitlement to back wages or continuity of service, particularly when misconduct is acknowledged.
Implicit grant of continuity of service when not specifically denied by the Labour Court.
The main legal point established in the judgment is the entitlement of an employee reinstated without back wages to arrears of wages from the date of the reinstatement order. The judgment also emphas....
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