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Labour & Industrial LawSupreme Court of India

The Depot Manager, APSRTC & Ors. v. S. Krishna

Civil Appeal · 2018 INSC 1175Decided 7 Dec 2018
Civil Appeal No. 12244 of 2018
Dr. Justice D.Y. Chandrachud · Justice M.R. Shah

Background

A contract driver with APSRTC was terminated after a departmental enquiry found him guilty of misconduct; his departmental appeal and review were rejected, and even an industrial dispute he raised was dismissed by the Labour Court. He then went directly to the High Court under Article 226, where the Single Judge, relying solely on an unrelated earlier batch decision concerning differently-placed workers (some terminated without any enquiry at all), ordered the Corporation to treat his service as continuous from termination to re-engagement for regularisation purposes. A Division Bench affirmed this.

Decision Breakdown

The Supreme Court, applying the same reasoning as in its companion APSRTC appeals decided the same day, held that the Single Judge had mechanically applied relief meant for a different batch of workers without examining that here a full, unchallenged enquiry had proved the misconduct, and that even the workman's own industrial dispute challenging the termination had already failed before the Labour Court. It reiterated that continuity of service cannot be granted unless the termination order is itself set aside. The Court allowed the Corporation's appeal and set aside both the High Court orders.

Lesson Learnt

A worker who has already lost a direct challenge to his termination (here, before the Labour Court) cannot later obtain the same practical benefit, continuity of service, through a separate writ petition relying on an unrelated precedent; relief granted to one batch of workers cannot be mechanically extended to a worker with materially different facts.

The Depot Manager, APSRTC & Ors. v. S. Krishna – Legal Case Shots | LegalAware