APSRTC & ORS. versus SRI K. SATHAIAH

APSRTC & ORS. versus SRI K. SATHAIAH

Continuity of service cannot be granted unless the order of termination and of fresh appointment are challenged and adjudicated; therefore, seniority must be counted from the date of fresh appointment.

Parties
Appellant: APSRTC & ORS.; Respondent: Sri K. Sathaiah
Jurisdiction
India
Judgment Date
07 December 2018
Procedural Posture
Civil Appeal / Supreme Court Final Disposition
Outcome
Appeal allowed
Legal Topics
Continuity of Service, Termination, Contract Employment, Seniority, Regularisation
Labour Law Continuity of Service Termination Contract Employment Seniority Regularisation

Case Brief

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Parties

APSRTC & ORS.

Appellant

Sri K. Sathaiah

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Disposition

Legal Issues

  1. 1 Whether continuity of service can be granted to a workman who was terminated and re-engaged without challenging the termination or fresh appointment

Ratio Decidendi

Continuity of service cannot be granted unless the order of termination and of fresh appointment are challenged and adjudicated; therefore, seniority must be counted from the date of fresh appointment.

Court Disposition

Appeal allowed

Orders

  • Impugned judgments of Division Bench and Single Judge of Andhra Pradesh High Court set aside
  • Seniority of respondent workman to be counted from the date of his fresh appointment in the Corporation