Supreme Court of India

Uttar Pradesh State Road Transport Corporation v. Gajadhar Nath

Neutral citation
Reported as [2021] 9 S.C.R. 394
Bench Hemant Gupta and V. Ramasubramanian JJ.
Decided 8 December 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the finding with regard to examination of passengers given by the Tribunal is perverse being contrary to the Law and being so is unsustainable.

Judgment, page 9

From the headnote

Industrial Disputes Act, 1947 – Misconduct – Respon dent- workman removed from service as conductor – Order o f removal set aside by Tribunal – Confirmed by High Court – Held: Tri bunal or High Court could not reject the evidence led by th e appellant- employer in respect of misconduct of the workman be fore the adjudicator – Non lodging of FIR cannot be the circ umstance against the witness examined by the employer – Init iation/non- initiation of criminal proceedings against an emplo yee has no bearing to prove misconduct in departmental proceedings – Order of removal from service not

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