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Case of Industrial Disputes

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Submitted By devinaasthana
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FINAL PROJECT OF LABOUR LEGISLATIONS

Submitted by:-
Devina Asthana
Khushboo Asthana
Isha anand
Neha soni

Case on industrial disputes

PETITIONER: ANAND BIHARI AND ORS. Vs.
RESPONDENT: RAJASTHAN STATE ROAD TRANSPORT CORPORATION, JAIPUR THROUGH IT
DATE OF JUDGMENT: 20/12/1990
BENCH: SAWANT, P.B. AGRAWAL, S.C. (J)
CITATION:
1991 AIR 1003 1990 SCR Supl. (3) 622
1991 SCC (1) 731 JT 1990 (4) 794
1990 SCALE (2)1286
Summary -
Corporation--Drivers--Occupational hazards Development of defective, weak or sub-normal eye-sight in the course of employment--Pre-mature termination of services--Held termination was not retrenchment and consequent compliance with section 25-F not necessary--But termination held unjustified and inequitable--Scheme formulated by the Supreme Court. For relief to drivers--Directions for giving retirement benefits, providing alternative jobs and payment of compensatory amount proportionate to length of service rendered by the drivers.
Matter/facts -
The termination of services of helper (in C.A.No. 1862) was unjustified and also illegal being in contravention of the provisions of Section 25-F of the Act. The High Court erred in treating his case on par with cases of other drivers. The appellant-workman will, therefore, be entitled to his retirement benefits as a driver from the date of his employment as a helper. He would further be entitled to be reinstated in service as a helper with all arrears of back wages as a helper. In case he opts for receiving the compensatory amount under the scheme framed by this Court, he may do so for the period beginning from the date from which his services as a helper were terminated. [637D-F] 627
The appellants (in C.A. No. 1859-61) were appointed as drivers and had put in a long service to the satisfaction of the respondent Corporation.

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