THE DIVISIONAL MANAGER APSRTC & ANR. versus B. VENKATAIAH

THE DIVISIONAL MANAGER APSRTC & ANR. versus B. VENKATAIAH

Order of continuity of service cannot be issued where termination and fresh appointment are not challenged; seniority to be counted from fresh appointment date.

Parties
Appellant: The Divisional Manager, APSRTC & Anr.; Respondent: B. Venkataiah
Jurisdiction
India
Judgment Date
07 December 2018
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Division Bench Order of High Court
Outcome
Appeal allowed; judgments/orders of High Court set aside.
Legal Topics
Continuity of Service, Termination of Employment, Contract Employment, Regularisation, Disciplinary Enquiry
Labour Law Continuity of Service Termination of Employment Contract Employment Regularisation Disciplinary Enquiry

Case Brief

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Parties

The Divisional Manager, APSRTC & Anr.

Appellant

B. Venkataiah

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Division Bench Order of High Court

Legal Issues

  1. 1 Whether a workman re-engaged after termination following disciplinary enquiry is entitled to continuity of service from date of earlier termination until re-engagement, without challenging the termination or re-engagement orders

Ratio Decidendi

Order of continuity of service cannot be issued where termination and fresh appointment are not challenged; seniority to be counted from fresh appointment date.

Court Disposition

Appeal allowed; judgments/orders of High Court set aside.

Orders

  • Seniority of respondent workman to be counted from date of fresh appointment in Corporation.
  • Appeal disposed of.