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Synopsis

Forty-two years after a conductor was dismissed from service, the Supreme Court has directed the Rajasthan State Roadways Transport Corporation to pay a lump sum compensation of Rs two lakh to him without going into merits of the controversy over jurisdiction of civil court to adjudicate upon his grievances.

A bench of Justices J K Maheshwari and Rajesh Bindal modified the Rajasthan High Court's order which allowed the second appeal by the authorities against the decision holding the former conductor's dismissal as illegal.

"At present, considering the time gap ever since he was appointed, he must have attained the age of superannuation. In our opinion, the ends of justice will be met if the appellant is awarded a lump sum amount of compensation of Rs 2,00,000 instead of going into the merits of controversy either deciding jurisdiction of the Civil Court to entertain the lis or relegating the appellant to seek relief under the Industrial Disputes Act, 1947," the bench said.

The appellant, Bastiram was appointed as a conductor with the Corporation on December 14, 1979.

He was dismissed from service on November 03, 1982, on account of incorrect punching of tickets on one occasion and on three occasions, passengers were found traveling without tickets when the appellant was on duty.

In appeal, the order of dismissal was upheld by an order of October 19, 1983. Challenging the order of dismissal, the former conductor filed a civil suit in the Court of Additional Munsiff Magistrate–II, Jaipur City on April 26, 1986. The suit was decreed on March 31, 2006. The Trial Court held that his dismissal was illegal as he was not granted fair opportunity of hearing.

The judgment and the decree of the Trial Court were challenged by the Corporation by filing an appeal. However, the First Appellate Court by a judgment and decree of March 29, 2007 upheld by the Trial Court's decision .

Aggrieved against it, the Corporatoin preferred second appeal before the High Court, which allowed it on the ground that the Civil Court did not have jurisdiction to entertain the dispute as the former conductor should have invoked the jurisdiction under the Industrial Disputes Act, 1947.

This judgment of the High Court was impugned in the apex court by the workman.

The appellant claimed that the Civil Court had the jurisdiction to entertain the lis as there was a complete violation of the principles of natural justice while awarding punishment.

On the other hand, the respondents claimed that the Civil Court lacked jurisdiction to entertain the lis as the proper remedy for the appellant was under the Industrial Disputes Act, 1947.

The top court noted that the appellant was appointed as conductor with the respondent-Corporation on December 14, 1979 and he was dismissed on November 03, 1982, so it was apparent that he served the respondent for about three years.

Therefore, the bench, after considering the time gap, found it appropriate to modify the High Court judgment by directing the corporation to pay Rs two lakh to resolve the controversy in hand.

Case Title: Bastiram Vs Rajasthan State Road Transport Corporation & Anr