U.P. COOPERATIVE FEDERATION LTD. versus RAM SINGH YADAV AND ORS.

U.P. COOPERATIVE FEDERATION LTD. versus RAM SINGH YADAV AND ORS.

The termination of service of the respondent was in fact removal since prescribed procedure under Regulations 19, 84, and 85 was not met; therefore, respondent is entitled to reinstatement but not to pay and allowances for the period during which he did not work, with the employer being free to initiate disciplinary...

Source-derived case information.

Parties
Appellant: U.P. COOPERATIVE FEDERATION LTD.; Respondent: Ram Singh Yadav; Respondents: Others
Jurisdiction
India
Judgment Date
01 December 1997
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment Dated 3.7.1989 in W.p.no.1611 of 1978
Outcome
Appeal partly allowed
Legal Topics
Termination From Service, Removal From Service, Misconduct, Wilful Absence, Disciplinary Proceedings, Reinstatement, Pay and Allowances
Service Law Employment Law Termination From Service Removal From Service Misconduct Wilful Absence Disciplinary Proceedings Reinstatement +1 more

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Parties

U.P. COOPERATIVE FEDERATION LTD.

Appellant

Ram Singh Yadav

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment Dated 3.7.1989 in W.p.no.1611 of 1978

Legal Issues

  1. 1 Whether the termination of service without departmental enquiry or notice constituted removal from service under applicable regulations
  2. 2 Whether the employee/respondent is entitled to reinstatement and back pay
  3. 3 Whether wilful absence and failure to join duty on transfer are valid grounds for removal or disciplinary action

Ratio Decidendi

The termination of service of the respondent was in fact removal since prescribed procedure under Regulations 19, 84, and 85 was not met; therefore, respondent is entitled to reinstatement but not to pay and allowances for the period during which he did not work, with the employer being free to initiate disciplinary proceedings.

Court Disposition

Appeal partly allowed

Orders

  • Respondent reinstated in service; subject to employer's right to hold enquiry or pass proper order in accordance with law
  • Respondent not entitled to pay and allowances for period from 21.7.1977 till 3.7.1989