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2005 DIGILAW 613 (SC)

Rajasthan State Road Transport Corporation v. Lokesh Kumar Pareek

2005-03-17

N.SANTOSH HEGDE, S.B.SINHA

body2005
ORDER : N. Santosh Hegde, J. The Rajasthan State Road Transport Corporation is in appeal in these matters against the various decrees passed by the trial court as affirmed by the High Court directing reinstatement of the respondents herein with full back wages. 2. Mr. S.K. Jain, learned counsel appearing for the Rajasthan Road Transport Corporation relying on three different judgments of this Court in Jitendra Nath Biswas v. Empire of India and Ceylone Tea Co., (1989) 3 SCC 582 , Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke, (1976) 1 SCC 496 and Rajasthan SRTC v. Krishna Kant, (1995) 5 SCC 75 , contended that civil suits in cases where relief is provided under the Industrial Disputes Act are not maintainable. We find sufficient force in the contentions of the learned counsel for the appellant. However, it is brought to our notice that in the earlier group of cases of the appellants in similar circumstances parties have entered into settlement. To avoid hardship on certain terms we think even in these appeals in the interest of justice similar relief should be granted to the respondents in spite of the fact that the civil suits filed are not maintainable. 3. Therefore, learned counsel appearing for the respondents submitted that they are also willing to abide by the said terms of those settlements and their jobs may be protected under the terms mentioned therein. 4. Taking into consideration the facts and circumstances of this case, in substitution of the decree of the courts below we think it appropriate that the services of the respondent workmen herein shall be protected in terms of the settlement entered into and recorded in CA No. 2471 of 1999 and other connected matters. 5. For the reasons stated above, we modify the decrees of the courts below and direct the reinstatement of the respondents in these appeals on the same terms and conditions as has been affirmed by this Court in the above appeal. 6. With the above modification these appeals are disposed of.