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SUDESH BANSAL
Rajasthan State Road Transport Corporation – Appellant
Versus
Ramsingh Swarnkar – Respondent
ORDER
1. The appellant- defendant-RSRTC (hereafter 'the RSRTC') has preferred this second appeal assailing the judgment and decree dated 8-8-2019 passed by the Additional District Judge No.4, Jaipur Metropolitan, Jaipur in first appeal No.3/2014 dismissing appeal and affirming the judgment and decree dated 16-12-2013 passed by the Additional Civil Judge No.2, Jaipur Metropolitan, Jaipur in civil suit No.39/2012 whereby and whereunder suit has been partly decreed and plaintiff has been declared entitled for benefits of selection grade on completion of service of 9 years on 22-1-1995 and on completion of 18 years service on 22-1-2004 and further directed for revision of pay and arrears of salary.
2. Facts as culled out from the record are that respondent- plaintiff (hereafter 'the plaintiff') filed a suit claiming therein that he was appointed on the post of Conductor on 27-4-1985 and was given permanent status vide order No.636 dated 22-1-1986. Pursuant to Circular dated 25-1-1992 issued by the Finance Department of Government of Rajasthan, which had been adopted and followed by RSRTC vide order dated 27-4-1993 for grant of selection grade on completion of service of 9, 18 and 27 year
The main legal point established in the judgment is that the Civil Court has jurisdiction to decide disputes related to employee benefits, and that the findings of fact recorded by the lower courts s....
The main legal point established in the judgment is the importance of upholding principles of natural justice in employee rights cases and the jurisdiction of the Civil Court in such matters.
The court affirmed the plaintiff's entitlement to selection scales based on service duration, rejecting claims of misconduct and jurisdictional issues.
The differentiation in granting selection grade based on service record, as established in the State of Rajasthan Vs. Shanker Lal Parmar case, was a key legal principle influencing the court's decisi....
Civil courts lack jurisdiction over employment disputes governed by the Industrial Disputes Act, necessitating resolution in designated forums.
The central legal point established in the judgment is that the termination of employment must adhere to principles of natural justice, including the opportunity for a hearing, and that civil courts ....
The court affirmed the plaintiff's entitlement to selection scales based on service duration, ruling that the civil court had jurisdiction despite the industrial dispute context.
Minor service penalties do not obstruct entitlement to selection scales under applicable service circulars.
The central legal point established in the judgment is that where an enquiry has been conducted in violation of principles of natural justice, a civil suit will be maintainable for the purpose of dec....
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