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SUDESH BANSAL
Rajasthan State Road Transport Corporation Jaipur Through Managing Director – Appellant
Versus
Gokul Chand – Respondent
JUDGMENT
Sudesh Bansal, J. - appellant-defendant Rajasthan State Road Transport Corporation (hereinafter referred as "RSRTC") has preferred this second appeal under Section 100 CPC, assailing judgment and decree dated 16.4.1994 in appeal No.224/1992 passed by additional District Judge, No.5, Jaipur City, Jaipur affirming the judgment and decree dated 6.9.1991 passed by additional Civil Judge No.5, Jaipur City, in Civil Suit No.425/1989 whereby while termination order dated 20-2-1984 of respondent plaintiff (hereinafter "plaintiff") was declared as illegal, void and violative to principles of natural justice, he has also been declared entitle for back wages and monetary benefits from date of termination i.e. 20.2.1984.
2. The facts of case are that plaintiff was appointed on the post of Conductor on permanent basis but later on his services were terminated by defendant RSRTC vide order dated 20.2.1984. The termination was made on account of remarks against plaintiff that he was carrying passengers without tickets. Plaintiff preferred an appeal against termination order to appellate authority, who dismissed the appeal 18-8-1984. The review was filed, which too dismissed on 8-4-1987. Pl
The termination of a probationary employee cannot be stigmatic without an enquiry, and the civil court has jurisdiction to entertain a suit challenging such termination.
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 main legal point established in the judgment is the stigmatic nature of the termination, the requirement of conducting an enquiry, and the entitlement of the plaintiff for backwages from the date....
The termination of an employee without notice, enquiry, or opportunity of hearing, in violation of principles of natural justice, is illegal and may entitle the employee to back wages.
Civil courts have jurisdiction to try suits challenging termination orders on the ground of violation of equality and principles of natural justice.
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.
Civil courts lack jurisdiction over employment disputes governed by the Industrial Disputes Act, necessitating resolution in designated forums.
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