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august 2009

Supreme Court of India · 2009-08-04

U.P.State Road Transport Corp vs Nanhe Lal Kushwaha

Court
Supreme Court of India
Petitioner
U.P.State Road Transport Corp
Respondent
Nanhe Lal Kushwaha
Author
S.B. Sinha
Bench
Deepak Verma, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the legality of the termination of a conductor employed under the Road Transport Corporation Act, following a disciplinary proceeding that found him guilty of carrying passengers without tickets on two occasions. The Court upheld the Labour Court's decision to reinstate the respondent with 75% back-wages, emphasizing that while the misconduct was proven, the punishment was excessive. The High Court's modification to deny back-wages but grant continuity of service for retiral benefits was also examined, leading to the conclusion that the Labour Court's award was justified under the circumstances.

U.P.State Road Transport Corp vs Nanhe Lal Kushwaha · Niyam