Managing Director, Jaipur City Transport Services Limited v. Tara Chand Mahawar S/o Shri Kajod Mal Mahawar
2017-01-13
K.S.JHAVERI, VINIT KUMAR MATHUR
body2017
DigiLaw.ai
JUDGMENT : Jhaveri, J. 1. The defects in SAW No.1455/2016, 1456/2016, 1463/2016 and 1475/2016 are over ruled. 2. By way of these appeals, the appellant has challenged, the judgment and order of the learned Single Judge whereby the learned Single Judge has set aside the order of termination. 3. counsel for the appellant has contended that in view of the decision of the Supreme Court in the case of Rajasthan State Road Transport Corporation & Ors. vs. Zakir Hussain, reported in (2005) 7 SCC 447 , the issue of alternative remedy was not decided. 4. Admitting appeal on that point will be detrimental to the appellant. In that view of the matter, the alternative submission made by Mr. Rajendra Prasad, AAG which has been accepted that the reinstatement which has been directed by the, learned Single Judge will be subject to further enquiry against the present respondents and pending that enquiry, they will not ask for any benefit of confirmation since they are on probation. 5. While examining the matter, we are not expressing any opinion on the merits of the case. The order of termination is confirmed only in view of the fact that the enquiry was not conducted. We are not expressing any opinion on the alternative remedy or anything but the reinstatement will be subject to enquiry which shall be allowed to be conducted by the appellant with rider that the respondent will not be entitled for confirmation till pendency of the enquiry. 6. The order is passed in the interest of all concerned. If the respondent are aggrieved, it will be open for them to file the review application. 7. The appeals stand disposed of. 8. A copy of this judgment be placed in each file.