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Rajasthan State Road Transport Corp. v. Devi Shankar .

Supreme Court of India · 10 August 2017

Court
Supreme Court of India
Decided
10 August 2017
Case no.
C.A. No. 7340 of 2009
Bench
Kurian Joseph, R. Banumathi
Author
Kurian Joseph
Length
2 pages
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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 7340 OF 2009

RAJASTHAN STATE ROAD TRANSPORT CORP. Appellant(s)

VERSUS

DEVI SHANKAR & ORS. Respondent(s)

JUDGMENT

KURIAN, J.

1. Though the appellant-Corporation has raised a question of law as to whether the employee should take recourse to the remedy under the Industrial Disputes Act, instead of going to the civil court, having regard to the fact that the respondent-employee had the advantage of three decrees of the courts below and also taking note of the further fact that he has been in service for quite long and is apparently, on the verge of retirement, we do not think it just and proper to disturb his services now.

2. Therefore, leaving the question of law open, this appeal is dismissed.

No costs.

.......................J. [ KURIAN JOSEPH ] .......................J. [ R. BANUMATHI ]

New Delhi;
August 10, 2017.

ITEM NO.105 COURT NO.6 SECTION XV SUPREME COURT O F INDIA RECORD OF PROCEEDINGS

Civil Appeal No(s). 7340/2009

RAJASTHAN STATE ROAD TRANSPORT CORP. Appellant(s) VERSUS DEVI SHANKAR . & ORS. Respondent(s) Date : 10-08-2017 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Appellant(s) Mr. Niraj Bobby Paonam, Adv. Mr. S. K. Bhattacharya, AOR (Not Present) For Respondent(s) UPON hearing the counsel the Court made the following ORDER

The appeal is dismissed in terms of the signed non-reportable Judgment.

Pending interlocutory applications, if any, stand disposed of.

(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)

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