Supreme Court of India
The Divisional Manager Apsrtc & Anr. v. B. Venkataiah
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What the Court ordered
For the above reasons, we allow this appeal and accordingly, set aside the impugned judgment and order dated 30.12.2013 of the Division Bench passed in Writ Appeal No.1959 of 2013 as well as the judgment and order passed by the learned Single Judge which w as impugned before the Division Bench in Writ Appeal No.1959 of 2013.
Judgment, page 6
From the headnote
Labour Laws: Continuity of service – Benefit of – On f acts, respondent appointed as driver on contract – Allega tion of misconduct – Disciplinary enquiry against workman – Termin ation from service – However in departmental review, workma n granted fresh appointment/re-engagement – Writ petition by workman seeking continuity of service from date of the earlier termina tion until re- engagement – Allowed by the Single Judge of the High Cou rt relying on the order in earlier case – Upheld by the Division Benc h – On appeal, held: Continuity can be granted when an ord er of termination is set
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