U P S R T C LTD Vs. SARADA PRASAD MISRA
LAWS(SC)-2006-4-5
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on April 13,2006

UTTAR PRADESHS.R.T.C. LTD. Appellant
VERSUS
SARADA PRASAD MISRA Respondents


Cited Judgements :-

MOHD.SHAMIM VS. STATE OF U.P [LAWS(ALL)-2019-3-295] [REFERRED TO]
RANVEER SINGH VS. PUNJAB NATIONAL BANK AND 2 OTHERS [LAWS(ALL)-2017-11-106] [REFERRED TO]
CATALYST INDIA PRIVATE LTD VS. BANWARI ALIAS BANZARU MUKRAM RAJBHOR [LAWS(BOM)-2007-12-30] [REFERRED TO]
CENTRAL COALFIELDS LTD VS. PRESIDING OFFICER [LAWS(JHAR)-2009-7-139] [REFERRED TO]
HABRI COOPERATIVE CREDIT AND SERVICE SOCIETY LTD. VS. THE PRESIDING OFFICER, LABOUR COURT AND ANOTHER [LAWS(P&H)-2008-11-146] [REFERRED TO]
BALDEV SAHAI VS. PRESIDING OFFICER [LAWS(P&H)-2013-5-151] [REFERRED TO]
SIYA RAM GAUR VS. PRESIDING OFFICER [LAWS(P&H)-2013-11-54] [REFERRED TO]
DEPUTY GENERAL MANAGER VS. PRAKASH CHANDRA PUROHIT [LAWS(ORI)-2020-10-12] [REFERRED TO]
BABULI MAHARANA VS. PRESIDING OFFICER [LAWS(ORI)-2014-1-6] [REFERRED TO]
OM PRAKASH DIXIT VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2016-6-99] [REFERRED TO]
SMT. GEETA ADHIKARI VS. THE PRESIDING OFFICER, LABOUR COURT AND ORS. [LAWS(UTN)-2006-6-35] [REFERRED TO]
DIRECTOR/MEDICAL SUPERINTENDENT, FRANCES NEWTON HOSPITAL, FEROZEPUR CANTT VS. PRESIDING OFFICER, LABOUR COURT, BHATINDA AND ANOTHER [LAWS(P&H)-2008-10-159] [REFERRED]
MOHD SHOUKATH ALI VS. INDUSTRIAL CUM LABOUR COURT WARANGAL [LAWS(APH)-2008-8-95] [REFERRED TO]
SUDHAKAR RAI VS. STATE OF U P [LAWS(ALL)-2008-7-213] [REFERRED TO]
U.P. STATE SUGAR CORPORATION LTD. VS. PRESIDING OFFICER LABOUR COURT [LAWS(ALL)-2019-3-242] [REFERRED TO]
SH. RAJINDER SINGH VS. DELHI TRANSPORT CORPORATION [LAWS(DLH)-2009-5-483] [REFERRED TO]
BALWINDER SINGH VS. UNION OF INDIA [LAWS(DLH)-2010-6-56] [REFERRED TO]
BALWINDER SINGH VS. UNION OF INDIA [LAWS(DLH)-2010-6-56] [REFERRED TO]
SWAMI DAYAL VS. D.M. LAKHIMPUR KHERI AND ANR. [LAWS(ALL)-2011-5-542] [REFERRED TO]
RAMESH SINGH VS. AGRAGAMI KASHETRA VIKAS AGENCY [LAWS(ALL)-2011-9-131] [REFERRED TO]
MOHD SHOUKATH ALI VS. INDUSTRIAL TRIBUNAL CUM LABOUR COURT [LAWS(APH)-2007-8-76] [REFERRED TO]
GUJARAT TELECOM CIRCLE VS. ADHESHKUMAR SITALAPRASAD [LAWS(GJH)-2006-7-71] [REFERRED TO]
BHUBANESHWAR MALLICK VS. EMPLOYER IN RELATION TO THE MANAGEMENT OF CENTRAL COAL FIELDS LIMITED AND [LAWS(JHAR)-2010-3-114] [REFERRED TO]
HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD. AND ORS. VS. KISHORI LAL [LAWS(HPH)-2015-9-2] [REFERRED TO]
MECHUMLA ANAR VS. STATE OF NAGALAND [LAWS(GAU)-2014-3-61] [REFERRED TO]
EXECUTIVE DIRECTOR, ENVIRONMENTAL PLANNING AND COORDINATION ORGANISATION (MP) VS. PRESIDING OFFICER, LABOUR COURT [LAWS(MPH)-2023-2-150] [REFERRED TO]
NOVARTIS INDIA LTD VS. STATE OF WEST BENGAL [LAWS(SC)-2008-12-118] [REFERRED TO]
MUKESH KUMAR VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT [LAWS(P&H)-2014-2-602] [REFERRED TO]
MD AMIR HOSSAIN VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-3-11] [REFERRED TO]
SOLITAIRE MACHINE TOOLS LTD VS. HARISH M. VAGHELA [LAWS(GJH)-2020-3-522] [REFERRED TO]
SHER MOHAMMED VS. HIMACHAL ROAD TRANSPORT CORPORATION AND ORS. [LAWS(HPH)-2015-9-11] [REFERRED TO]
SANTOSH KUMAR SUR VS. UNION OF INDIA [LAWS(DLH)-2010-6-67] [REFERRED TO]
COTTON CORPORATION OF INDIA LIMITED VS. PRESIDING OFFICER LABOUR COURT GUNTUR [LAWS(APH)-2006-7-26] [REFERRED TO]
GOVT. OF NCT OF DELHI VS. ASHOK KUMAR [LAWS(DLH)-2017-1-289] [REFERRED TO]
MAHESH KUMAR VS. PRESIDING OFFICER [LAWS(P&H)-2008-4-175] [REFERRED]
MANAGEMENT RURAL UNIT FOR HEALTH AND SOCIAL AFFAIRS RUHSA VS. PRESIDING OFFICER LABOUR COURT VELLORE [LAWS(MAD)-2009-7-646] [REFERRED TO]
UNION OF INDIA VS. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH AT CHANDIGARH [LAWS(P&H)-2007-10-173] [REFERRED]
ABDUL SELIM VS. STATE OF TRIPURA AND ORS. [LAWS(GAU)-2007-9-62] [REFERRED TO]
ONKAR NATH SINGH VS. PRESIDING OFFICER LABOUR COURT AGRA [LAWS(ALL)-2006-9-286] [REFERRED TO]
GEETA ADHIKARI VS. PRESIDING OFFICER LABOUR COURT U P HALDWANI [LAWS(ALL)-2006-6-2] [REFERRED TO]
BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH ITS MANAGING DIRECTOR VS. SANTOSH KUMAR SINHA S/O LATE BALESHWAR PRASAD [LAWS(PAT)-2010-4-688] [REFERRED TO]
U P S R T C VS. MITTHU SINGH [LAWS(SC)-2006-8-26] [REFERRED TO]
RISHI KUMAR KATIYAR VS. LABOUR COURT [LAWS(ALL)-2007-5-7] [REFERRED TO]
U.P.S.R.T.C. THRU. R.M. VS. BRIJPAL SINGH AND OTHERS [LAWS(ALL)-2018-5-762] [REFERRED TO]
U.P.S.R.T.C. THRU. R.M. VS. BRIJPAL SINGH AND OTHERS [LAWS(ALL)-2018-5-762] [REFERRED TO]
UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION VS. RAM GOPAL SINGH [LAWS(ALL)-2013-9-97] [REFERRED TO]
JAMNAGAR MUNICIPAL CORPORATION VS. NARSHIBHAI NAGJIBHAI PARMAR [LAWS(GJH)-2017-6-345] [REFERRED TO]
SURESH PAUL SINGH YADAV VS. UNION OF INDIA [LAWS(GAU)-2008-2-12] [REFERRED TO]
STATE OF H.P. VS. DES RAJ [LAWS(HPH)-2006-12-55] [REFERRED TO]
PUNJAB NATIONAL BANK VS. DURGA DUTT SHARMA [LAWS(HPH)-2006-8-5] [REFERRED TO]
ANUSH VS. UMED COOPERATIVE CREDIT AND SERVICE SOCIETY LTD [LAWS(P&H)-2007-7-211] [REFERRED]
BOARD OF SCHOOL EDUCATION, HARYANA VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, ROHTAK [LAWS(P&H)-2014-4-116] [REFERRED TO]
EX. L/NK VIMAL KUMAR SINGH VS. UNION OF INDIA (UOI) AND ORS. [LAWS(DLH)-2010-5-289] [REFERRED TO]
MOHAN LAL VS. MCD [LAWS(DLH)-2009-4-558] [REFERRED TO]


JUDGEMENT

C. K. Thakker, J. - (1.)Leave granted.
(2.)This appeal is directed against the judgment and order dated July 8, 2003 passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. 4084 of 1985. The facts necessary for determining the controversy in the appeal may now be stated : The appellant U. P. State Road Transport Corporation was constituted in 1972 succeeding the erstwhile U. P. Government Roadways. On November 20, 1973, the first respondent herein Sarada Prasad Misra was appointed as Conductor on purely temporary basis. According to the appellant, even thereafter, he was appointed from time to time on temporary basis as and when the appellant was in need of his services. Finally, the first respondent was appointed by order dated September 1, 1975 as Conductor on purely ad hoc basis temporarily for a period of one month from September 1, 1975 to September 30, 1975. It was expressly stated in the order of appointment that his services will be terminated at any time without prior notice. Since the services of the first respondent were no more needed, in accordance with the terms and conditions of the order of the appointment, the services of the first respondent were terminated by an order dated 6th September, 1975. It was stated in the order of termination that he would be entitled to one months salary in lieu of notice. It is the case of the appellant that the first respondent accepted the order of termination along with salary of one month in lieu of notice without protest.
(3.)It appears that thereafter, the first respondent preferred a departmental appeal against the order of termination issued by the Corporation, but the appeal was dismissed. After about seven years from the date of termination, the first respondent filed an application under Section 2-A of the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act) before the Conciliation Officer, Allahabad making grievance against the action of termination of his services by the appellant-Corporation.


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