JAHIRUDDIN vs K.D. RATMI, FACTORY MANAGER, THE MODEL MILLS NAGPUR LTD.

The Supreme Court held that the right of an employee to claim reinstatement after wrongful dismissal exists independently of Section 16 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947. The Court clarified that while Section 16 provides a forum for reinstatement claims, it does not create the right itself. The exemption granted under the Bombay Relief Undertakings (Special Provisions) Act does not extinguish the right but only suspends the remedy during the exemption period. The Court ruled that the applications for reinstatement filed by the employees were maintainable after the withdrawal of the exemption.