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TMI Blog2005 (3) TMI 802X X X X Extracts X X X X X X X X Extracts X X X X ..... ied out, the same would not stand in the way of the employer to terminate his service. The principles of natural justice cannot be applied in vacuum. It cannot be put in any straight jacket formula. The principles of natural justice are furthermore not required to be complied with when it will lead to an empty formality. What is needed for the employer in a case of this nature is to apply the objective criteria for arriving at the subjective satisfaction. If the criterias required for arriving at an objective satisfaction stands fulfilled, the principles of natural justice may not have to be complied with, in view of the fact that the same stood complied with before imposing punishments upon the Respondents on each occasion and, thus, the Respondents, therefore, could not have improved their stand even if a further opportunity was given. We have noticed hereinbefore the relevant provisions of the Regulations. The status of a Badli cannot be better than a probationer. If the services of the probationer can be terminated for not being able to complete the period of probation satisfactorily, there is no reason as to why the same standard cannot be held to be applicable in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to the said Respondent is as under : HISTORY SHEET Name : H.S. Keshav Murthy, Conductor Sl. No. Case No. Nature of misconduct reported or nature of good work reported Punishment Imposed 1. 1344/79 Non account of one un-punched ticket. 6.00 1.12.99 Warned 2. 1343/79 Non account of two tickets. 5.60 Warned 3. 1480/79 Non account of one luggage ticket Non account of one ticket. 2.30 9.11.79 Warned 4. 1612/79 Non account of 2/1 tickets Issue of tickets on sight Disorder by behaviour Way bill irregularities 13.11.79 Service Withdrawn 5. 1615/79 Not issual of 4 tickets 22.11.79 6. 1617/79 Not issual of 4 tickets Non account of 4 tickets Stopped from duty. Finally warned 25.2.80 7. Damages to the property door of Veh. No.6651 and insubordinations 1.5.80 Memo cost recovered and continued. 8. 1166/80 Hurriedly issue of 4 tickets issued the same to the passengers without punching 11.5.80 Stopped duty for 7 days 9. Possession of excess cash of ₹ 45.30 3.6.80 Stopped duty for 10 days 10. 1457/80 Non issual of one ticket 9.8.80 Stopped duty for 2 days 11. 1115/80 Re-issual of 14 tickets 14.8.80 Removed from Badli list. Relying on or on the basis of the said purported conduct on the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atural justice would have been rendered in futility inasmuch past misconduct committed by the Respondent herein stood admitted. It is further not in dispute that before imposing such punishment, the Respondent had been given an opportunity of hearing. The learned counsel appearing on behalf of the Respondent, on the other hand, would submit that the Respondent herein underwent the process of selection in terms of the Karnataka State Road Transport Corporation (Cadre and Recruitment) Regulations, 1982 framed under Section 45 of the Road Transport Corporation Act, 1950 and, thus, derived a right to continue in service. It was contended that the conditions of service of the Badli workmen being governed by the statutory regulations as contra- distinguished from contractual terms, the right to continue in service is a statutory right. The disqualification as contemplated under Sub-Regulation (5) of Regulation 10, it was urged, deserves strict construction. As by reason of the order of termination of the service, the right of the Respondent to be taken in permanent service of the Appellant Corporation stood forfeited, the learned counsel for the Respondent would submit, the Respondents m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 'disqualification' in or opinion does not require strict construction in all situations as meaning thereof must be rendered keeping in view the text and context of the statute. [See K. Prabhakaran etc. vs. P. Jayarajan etc. (2005) 1 SCC 754]. Regulation 10 provides for procedure for appointment, Sub- Regulation (5) whereof reads as under : A selected candidate waiting for being appointed regularly in accordance with these Regulations may be appointed as a temporary employee before such regular appointment against a short term vacancy or as a substitute in place of regular employee under suspension pending enquiry or suspension as a measure of punishment or on leave for a period not less than one month but not exceeding 3 months. It is not in dispute that by a judgment and order dated 13.2.1987 passed in Writ Petition Nos. 14625 to 14627 of 1986, the Karnataka High Court declared the last sentence relating to forfeiture in Regulation 10(5) as invalid, whereupon an amendment was introduced therein with effect from 13.9.1989 deleting the last sentence. The power of appointment is vested in the Corporation by reason of the provisions of the said Act and the Regulations frame ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the period of 12 months preceding such termination as contemplated under Section 25-F read with Section 25-B of the Industrial Disputes Act, 1947. The Badli workers, thus, did not acquire any legal right to continue in service. They were not even entitled to the protection under the Industrial Disputes Act nor the mandatory requirements of Section 25-F of the Industrial Disputes were required to be complied with before terminating his services, unless they complete 240 days service within a period of twelve months preceding the date of termination. Even where an adverse report regarding the work of a temporary Government servant is made or a preliminary enquiry on the allegation of improper conduct is carried out, the same would not stand in the way of the employer to terminate his service. See Kaushal Kishore Shukla (supra). This Court in Kaushal Kishore (supra) distinguished its earlier decisions in Nepal Singh vs. State of U.P. [(1985) 1 SCC 56] and Ishwar Chand Jain vs. High Court of Punjab and Haryana [(1988) 3 SCC 370]. The Court noticed that since a temporary Government servant is entitled to protection of Article 311(2) of the Constitution in the same manner as a perma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with, this Court held that as in terms of Sub-Regulation 5 of Regulation 10 his name should have been removed from the select list, serious consequences entail as he forfeited his right to employment in future and, thus, the principles of natural justice were required to be complied with though no elaborate enquiry would be necessary, holding : Giving an opportunity of explanation would meet the bare minimal requirement of natural justice. Before the services of an employee are terminated, resulting in forfeiture of his right to be considered for employment, opportunity of explanation must be afforded to the employee concerned. The appellant was not afforded any opportunity of explanation before the issue of the impugned order; consequently the order is rendered null and void being inconsistent with the principles of natural justice . In that case it was held that the provisions of Section 25-F were not complied with. As the statutory requirements of payment of compensation were conditions precedent for retrenchment of the workman, it was invalid and operative, and, thus, it was not necessary for this Court to determine the larger question. Govindaraju (supra) has been distinguish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be complied with would depend upon the fact situation obtaining in each case. The principles of natural justice cannot be applied in vacuum. It cannot be put in any straight jacket formula. The principles of natural justice are furthermore not required to be complied with when it will lead to an empty formality. What is needed for the employer in a case of this nature is to apply the objective criteria for arriving at the subjective satisfaction. If the criterias required for arriving at an objective satisfaction stands fulfilled, the principles of natural justice may not have to be complied with, in view of the fact that the same stood complied with before imposing punishments upon the Respondents on each occasion and, thus, the Respondents, therefore, could not have improved their stand even if a further opportunity was given. [See Escorts Farms Ltd., Previously known as M/s Escorts Farms (Ramgarh) Ltd. vs. Commissioner, Kumaon Division, Nainital, U.P. and Others [(2004) 4 SCC 281, Bar Council of India vs. High Court of Kerala (2004) 6 SCC 311, A. Umarani vs. Registrar, Cooperative Societies and Others (2004) 7 SCC 112] and Divisional Manager, Plantation Division, Andaman Nico ..... X X X X Extracts X X X X X X X X Extracts X X X X
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