AFAQ HUSAIN versus UPSRTC & ANR.

AFAQ HUSAIN versus UPSRTC & ANR.

Reinstatement cannot be ordered for an ad hoc appointee whose engagement was for a limited period and whose appointment did not satisfy constitutional requirements. Compensation awarded by High Court is just; Section 6N not strictly applicable as appointment was only for three months.

Parties
Appellant: Afaq Husain; Respondent: UPSRTC & Anr.
Jurisdiction
India
Judgment Date
24 April 2008
Procedural Posture
Civil Appeal / Final Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Industrial Disputes, Ad Hoc Appointments, Retrenchment, Compensation in Lieu of Reinstatement, Compliance With Recruitment Rules, State Under Article 12
Labour and Employment Law Constitutional Law Industrial Disputes Ad Hoc Appointments Retrenchment Compensation in Lieu of Reinstatement Compliance With Recruitment Rules State Under Article 12

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Parties

Afaq Husain

Appellant

UPSRTC & Anr.

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether reinstatement was appropriate where appointment was ad hoc and for limited period
  2. 2 Whether Section 6N of the UP Industrial Disputes Act, 1947 was complied with
  3. 3 Entitlement to compensation in lieu of reinstatement

Ratio Decidendi

Reinstatement cannot be ordered for an ad hoc appointee whose engagement was for a limited period and whose appointment did not satisfy constitutional requirements. Compensation awarded by High Court is just; Section 6N not strictly applicable as appointment was only for three months.

Court Disposition

Appeal dismissed

Orders

  • Appellant not entitled to reinstatement or back wages
  • Rs. 50,000/- compensation awarded in lieu of reinstatement