Case of Industrial Disputes Essay

1334 Words Apr 4th, 2013 6 Pages
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
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The respondent Corporation issued notices to them and after considering their explanation terminated their services on the ground that they were unfit for driving buses.
Appeals - 1. The appellants filed Writ Petitions in the High Court challenging their termination order contending that their termination was illegal because (i) the termination amounted 10 retrenchment within the meaning of section 2(00) of the Industrial Disputes Act, 1947 and it was without compliance with the mandatory provisions of Section 25-F of the Act; (ii) pursuant to the agreement between the Workers' Union and the Corporation, the respondent-Corporation was bound to provide the alternative jobs to the unfit drivers. The High Court dismissed the Writ Petitions. Hence these appeals by the Workmen-drivers. 2 The High Court dismissed the Writ Petitions. Hence these appeals by the Workmen-drivers. In the connected appeal (C.A. No. 1862) the driver developed weak eye-sight on account of an accident in the course of his employment. He was given employment as a helper but subsequently his services as a helper were terminated. He filed a Writ Petition in the High Court challenging his termination which was dismissed. Hence appeal by the workmen-driver.
3. Hence appeal by the workmen-driver. In the other connected appeal (C.A. No. 1863) the services of a driver were terminated on the ground that he had lost vision of his right eye. He fired a

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