THE DEPOT MANAGER & ORS. versus SRI S. KRISHNA

THE DEPOT MANAGER & ORS. versus SRI S. KRISHNA

The High Court erred in mechanically issuing directions for continuity of service and re-engagement, relying on an earlier case with distinct facts and without setting aside the termination, which followed a proper departmental enquiry and proof of misconduct.

Source-derived case information.

Parties
Appellant: The Depot Manager & Ors.; Respondent: Sri S. Krishna
Jurisdiction
India
Judgment Date
07 December 2018
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Andhra Pradesh High Court Affirming Single Judge Decision
Outcome
Appeal allowed. Judgment and orders of High Court and Single Judge set aside. No costs.
Legal Topics
Termination of Contract Employee, Departmental Enquiry, Continuity of Service, Re Engagement, Principles of Natural Justice
Labour Law Termination of Contract Employee Departmental Enquiry Continuity of Service Re Engagement Principles of Natural Justice

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 1
Sign in to unlock

Parties

The Depot Manager & Ors.

Appellant

Sri S. Krishna

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Andhra Pradesh High Court Affirming Single Judge Decision

Legal Issues

  1. 1 Whether the High Court correctly granted continuity of service and directed re-engagement of the respondent after departmental enquiry and proven misconduct
  2. 2 Whether the order of continuity can be passed without setting aside the termination order

Ratio Decidendi

The High Court erred in mechanically issuing directions for continuity of service and re-engagement, relying on an earlier case with distinct facts and without setting aside the termination, which followed a proper departmental enquiry and proof of misconduct.

Court Disposition

Appeal allowed. Judgment and orders of High Court and Single Judge set aside. No costs.

Orders

  • Impugned judgment and order dated 24.07.2013 in Writ Appeal No.1344 of 2013 and Single Judge's order in Writ Petition No.5632 of 2012 are set aside.
  • No costs awarded.