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december 1990

Supreme Court of India · 1990-12-20

ANAND BIHARI (DEAD) BY LRS. vs RAJ. STATE ROAD TRANSPORT CORPN.

Citation / case number
SC 1990/72862
Court
Supreme Court of India
Petitioner
ANAND BIHARI (DEAD) BY LRS.
Respondent
RAJ. STATE ROAD TRANSPORT CORPN.
Author
P.B. SAWANT
Bench
P.B. SAWANT

Judgment text excerpt

The Supreme Court held that the termination of drivers due to defective eyesight did not constitute retrenchment under Section 2(00) of the Industrial Disputes Act, 1947, and thus compliance with Section 25-F was not necessary. However, the Court found the terminations unjustified and inequitable, leading to the formulation of a scheme for relief, including retirement benefits and alternative job provisions. The Court clarified that 'continued ill-health' under Section 2(00)(c) includes cases of drivers losing required vision during employment, but such conditions do not qualify as 'employment injury' under the Employees’ State Insurance Act, 1948.

ANAND BIHARI (DEAD) BY LRS. vs RAJ. STATE ROAD TRANSPORT CORPN. · Niyam