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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
Ramavtar Sharma S/O Sh. Phool Chand Sharma – Appellant
Versus
Rajasthan State Road Transport Corporation – Respondent
| Table of Content |
|---|
| 1. tribunal's oversight (Para 11 , 12) |
| 2. entitlement to selection scales (Para 13) |
| 3. writ petition disposed (Para 14) |
| 4. compliance order (Para 15) |
Order :
2. Learned counsel for the petitioner submits that the petitioner was appointed on temporary basis on probation for a period of two years on the post of Conductor vide order dated 20.10.1984. Learned counsel submits that services of the petitioner were terminated by the respondents vide order dated 11.01.1985 against which the petitioner preferred a Civil Suit and the same was decreed vide order dated 08.01.1990 and his termination order was quashed with a direction to the respondent to reinstate the petitioner back in service.
4. Learned counsel submits that against the judgment dated 29.10.2002, the Civil Appeal No.592/2005 was submitted before the Hon’ble Apex Court by the respondents. Learned counsel submits that the Hon’ble Apex Court was of the view that the Civil Court has no jurisdiction to deal with such like matters and it was only the Industrial Court who can entertain/decide such disputes. Learned counsel submits that while disposing of the aforesaid appeal vide impugned judgment dated 17.11.2005, a liber
The Industrial Tribunal must consider prior findings on termination validity when adjudicating claims for benefits, ensuring entitlement to selection scales based on continuous service.
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.
The main legal point established in the judgment is that delay and laches are vital in service matters, and a clean record of service is a prerequisite for the grant of selection scale. The court als....
Desertion of Service – Wages – Entitlement of - respondent is entitled to the award from the date of Industrial Dispute, which was confirmed in the Writ Petition.
Termination of services without notice or compensation is illegal under Section 25F of the Industrial Disputes Act, and reinstatement must be granted from the same date as similarly situated employee....
For placement in a regular pay scale, the claimant has to be a regular appointee selected on the basis of a regular process of recruitment. An employee appointed on a temporary basis cannot claim to ....
Reinstatement of workmen after illegal termination is not automatic; monetary compensation may be granted instead based on specific circumstances and legal precedents.
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