Labour Law

Termination of service

— Relief — Compensation or reinstatement — Conductor in temporary employment of State Road Transport Corporation — Service terminated after about a year — No material to show that the employment was in accordance with rules or that the vacancy was regular or that the filling up of the vacancy satisfied the constitutional requirements of Arts. 14 and 16 — Industrial dispute raised 12 long years after termination — Labour Court directing reinstatement albeit with back wages only from the year of reference — In the said circumstances, held, before granting the discretionary relief under S. 11-A, Industrial Disputes Act, all the relevant factors should have been taken into consideration by Labour Court — Besides the unlikelihood of the temporary employee having remained unemployed for such a long time, a very long period of over 30 years having elapsed, held, it would be wholly unjust to direct reinstatement — Hence, in the peculiar facts and circumstances of the case, instead of reinstatement with partial back wages, the Corporation directed to pay Rs 50,000 to him, (2006) 7 SCC 752