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Supreme Court of India 2019-10-16 partly_allowed

JOHN D SOUZA vs KARNATAKA STATE ROAD TRANSPORT CORPORATION

Bench: 3 — Surya Kant, Sanjay Kishan Kaul, Rohinton Fali Nariman

In Brief

A bus conductor dismissed from the Karnataka State Road Transport Corporation after a domestic inquiry challenged the dismissal. The core legal issue was the scope of Labour Court jurisdiction under Section 33(2)(b) of the Industrial Disputes Act when reviewing employer's applications for approval of dismissals. The Supreme Court held that Section 33(2)(b) permits only limited inquiry—examining whether the domestic inquiry was fair, whether a prima facie case was made out, and whether there was victimisation. Full adjudication on merits remains under Section 11A. The Court clarified that approval under Section 33(2)(b) does not validate dismissal; a workman can still challenge it through a separate industrial dispute. The judgment reconciled conflicting High Court approaches by establishing that evidence may be permitted only if the domestic inquiry suffers defects violating natural justice principles.

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Labour and Industrial Law Industrial Disputes Dismissal and Termination Domestic Inquiry Administrative Law Civil Procedure

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