In Brief
A contract driver employed by a corporation was terminated following a departmental enquiry where misconduct was proven. The High Court, relying mechanically on an earlier batch decision, ordered his re-engagement with continuity of service. The Supreme Court allowed the corporation's appeal, holding that courts must assess individual case facts and cannot apply blanket solutions from prior batch decisions. Significantly, continuity cannot be granted without first setting aside the termination order. A workman found guilty of misconduct cannot be placed on equal footing with unblemished employees. The court emphasized that procedural fairness and individual assessment of facts are paramount in dismissal cases.
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