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The Supreme Court held that the Visitor, as appointing authority for the First Registrar, could approve termination under the transitional provisions and the General Clauses Act, but left the High Court’s operative directions undisturbed.
Where appellants had obtained B.Lib degrees from a university established under the Chhattisgarh Niji Kshetra Vishwavidyalaya Act, 2002 (later declared ultra vires), and there is no finding that the university was bogus or that no study was imparted, termination of their services solely on that ground is illegal; they are to be reinstated with continuity but are not entitled to back wages.
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The appellate authority had modified the disciplinary penalty to removal from service with entitlement to terminal benefits and that order was not challenged and therefore attained finality; under Clause 6(b) of the Bipartite Settlement an employee removed for gross misconduct is entitled to superannuation benefits 'as would be due otherwise' if he satisfies the eligibility criteria in the pension regulations (eg. minimum qualifying service), and on that basis the respondent was entitled to receive pensionary/terminal benefits; consequently the High Court's direction to process and release pe…
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Where termination rests on allegations of fraud, the State must plead and substantiate the ingredients of fraud and produce supporting records when called upon; mere departmental correspondence or non-traceability of records is insufficient, and failure to produce records after court directions permits an adverse inference against the State; in absence of proof of fraud and any enquiry, termination of a long-serving employee is liable to be quashed and reinstatement with partial back wages may be ordered.
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The Corporation made false representations (suggestio falsi) in its defence before the MACT and suppressed the MACT award (suppresio veri) from the Labour Court and High Court; therefore the High Court was justified in exercising review under Section 114/Order XLVII CPC to receive the MACT pleadings and award; in the interest of justice the respondent was entitled to back wages though not necessarily 100%, and the Court modified the Single Judge's award to grant the respondent 75% of back wages from termination till superannuation, full terminal benefits with interest at 6% p.a., payment with…
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The terminations effected during pending conciliation proceedings without compliance with Sections 6E and 6N were illegal; the employer failed to prove a genuine contractor-based engagement and thus the workmen who performed perennial municipal horticultural duties under direct supervision are entitled to reinstatement with continuity of service, regularization process and 50% of back wages for the period of absence until reinstatement.
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Paragraph 11 of the applicable Pension Scheme places the liability to sanction and pay pensionary retiral benefits on the State; in the facts of the case the appellant's conduct in prosecuting litigation did not render its actions so unlawful or ultravires that the Scheme's allocation of liability should be displaced, and therefore the High Court order directing the college to pay retiral dues was set aside and the State held liable to pay such dues.
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The Labour Court's factual finding that the appellant had married the land-loser's daughter and was appointed under the rehabilitation scheme was supported by material evidence (attestation form, ration card, certificate and the conduct in divorce/maintenance proceedings); the High Court erred in disturbing that finding without compelling reason, and therefore the Labour Court Award reinstating the appellant must be restored, subject to disallowance of back wages from the date the High Court set aside the Award until actual reinstatement.
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The Division Bench of the High Court erred in denying parity to the appellant; treating identically situated candidates admitted in the same academic session differently based on technical admission timing is discriminatory and unsustainable; accordingly the appointment given to the appellant pursuant to the interim order of 23.10.2021 is to be treated as a regular appointment, the appellant reinstated and granted consequential benefits, except that he is not entitled to back wages except for the period actually worked, although fitment of pay shall be granted.
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Once this Court set aside the termination order dated 17.12.2009 and the High Court judgment dated 25.10.2018, the appellant was to be treated as in service; he is entitled to full salary with benefits from 20.04.2022 until any fresh termination (the State's order dated 02.04.2024), and is entitled to 50% of back wages with benefits for the period 18.12.2009 to 19.04.2022; the appellant remains free to challenge subsequent Full Court and State orders before the High Court.
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