On reinstatement ‘Continuity of Service’ can be granted for the purpose of calculation of retirement benefits

H. Rangaiah

Vs

Divisional Controller, KSRTC, Davangere


Facts of the Case:
Appellant, H. Rangaiah was working as a conductor under the respondent. He was dismissed from service on grounds of misconduct. Feeling aggrieved, he approached the Labour Court in Hubli. The Labour Court after hearing the parties, confirmed the order of dismissal. The appellant filed a writ petition whereby a learned single judge of the High Court of Karnataka directed the respondent to reinstate the appellant without back wages and continuity of service. Not being fully satisfied by the order of learned single judge, a writ petition was filed before the division bench of the High Court. This writ petition was filed as the previous decision was challenged partly.

Decision:
Hon’ble High Court while considering the fact that the appellant has rendered service for respondents for more than two decades, held that if continuity in service is not granted at the time of retirement it will be great injustice to him. Therefore, the High court directed the respondents to take into account the services of appellant from the date of his appointment till the date of his retirement, only for the purpose of calculating the retirement benefits and for no other purposes.

 

Source: Labour Law Reporter, pg. no. 938, Karnataka High Court, August 2009.

 

Also Check: Other Legal Aspects

 

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