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september 2006

Supreme Court of India · 2006-09-15

THE MNG.DIR. NORTHEAST K.R.T.C. vs DEVIDAS MANIKRAO SADANANDA

Citation / case number
SC 2005/14076
Court
Supreme Court of India
Petitioner
THE MNG.DIR. NORTHEAST K.R.T.C.
Respondent
DEVIDAS MANIKRAO SADANANDA
Author
Kapadia
Bench
ARIJIT PASAYAT & S.H. KAPADIA

Judgment text excerpt

The Supreme Court held that the Labour Court erred in not invoking the doctrine of res ipsa loquitur in the case of a bus accident involving the respondent-workman, a driver for the Northeast Karnataka Road Transport Corporation. The Court emphasized that the absence of evidence from the other bus driver was critical, as it undermined the management's case against the respondent. Consequently, the Court set aside the dismissal order and reinstated the respondent, affirming the Labour Court's finding of insufficient evidence to support the management's claims under Section 10(4A) of the Industrial Disputes Act, 1947.

THE MNG.DIR. NORTHEAST K.R.T.C. vs DEVIDAS MANIKRAO SADANANDA · Niyam