9911796707
TMI Blog1986 (4) TMI 347X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Sec. 25F of the Industrial Disputes Act, 1947. Briefly the facts giving rise to this appeal are that the appellant was selected for appointment as Conductor in the Karnataka State Road Transport Corporation constituted under the Transport Act, 1950, his name was placed on the select list prepared by the Selection Committee constituted under the Karnataka State Road Transport Corporation (Cadre and Recruitment) Regulation 1982. He was not given a regular appointment but he was appointed to work as conductor in temporary vacancy. He continued to work for a period of more than 240 days. While he was working as conductor his services were terminated by the Order dt. 2-4/5 of 1985 on the ground of his being found unsuitable for the post. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osh Gupta v. State Bank of Patiala, A.I.R. 1980 S.C. 1219; Mohan Lal v. Management B.E., A.I.R. 1981 S.C. 1253 and Management K.S.R.T.C. v. Baraiah, A.I.R. 1983 S.C. 1320. Section 2(oo) defines retrenchment which means the termination by the employer of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include (a) voluntary retirement of workman; or (b) retirement of the workman on reaching the age of superannuation if the contract of an employment between the employer and the workman concerned contains a stipulation in that behalf or (c) termination of the service of a workman on the ground of continued ill health. By the amending Act 49 of 1984 a new clause (bb) wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... termination order being violative of principles of natural justice. The Karnataka State Road Transport Corporation is a statutory authority constituted under the Road Transport Corporation Act, 1950. The Corporation has framed Regulations (Karnataka Road Transport Corporation Cadre Recruitment Regulations) 1982 regulating the conditions of service of its employees. These regulations are statutory in nature having been framed under sec. 45(2)(c) of the Road Transport Corporation Act. Admittedly the appellant was selected by the Selection Committee constituted under the aforesaid Regulations and his name was included in the select list prepared for the purpose of appointment as Conductor as and when vacancy would arise. His name was als ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
