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Sudarshan Rajpoot v. U. P. State Road Transport Corporation

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 10353-10354 of 2014)Decided 18 Nov 2014
Civil Appeal Nos. 10353-10354 of 2014
Justice V. Gopala Gowda · Justice C. Nagappan

Background

A bus driver sustained severe leg injuries in a crash and, after treatment, learned that the Corporation had removed him from its rolls for allegedly negligent driving. The Labour Court rejected the claim that he was merely contractual and ordered reinstatement with benefits. The High Court substituted compensation, relying on his supposed contractual status and public-employment appointment principles.

Decision Breakdown

The Supreme Court allowed the driver's appeals and ordered reinstatement in an equivalent alternative job at the same pay scale, with continuity and consequential benefits. The employer had neither proved contractual status nor established negligent driving through an inquiry or evidence, and the termination violated the applicable retrenchment safeguards. It could not use general appointment principles to displace the Labour Court's findings on this record. His service-acquired disability also engaged the employer's statutory duty to provide suitable alternative work. The operative order awarded 50% back wages up to the Labour Court award and 100% thereafter until reinstatement, with compliance within four weeks.

Lesson Learnt

An employer cannot justify removal by an unproved contractual label or allegation of negligence. For this worker, unlawful termination and an employment-acquired disability required restoration through suitable work and the back-wage relief specifically fixed by the Court.

Official source (sci.gov.in)View Judgment (PDF)

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