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april 1981

Supreme Court of India · 1981-04-21

MOHAN LAL vs MANAGEMENT OF M/S BHARAT ELECTRONICS LTD.

Citation / case number
SC 1981/63827
Court
Supreme Court of India
Petitioner
MOHAN LAL
Respondent
MANAGEMENT OF M/S BHARAT ELECTRONICS LTD.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that the termination of the appellant's service was ab initio void and constituted retrenchment under Section 2(oo) of the Industrial Disputes Act, as he had completed 240 working days within a year. The Court found that the pre-condition for valid retrenchment under Section 25F was not satisfied, entitling the appellant to all benefits including back wages. The ruling emphasized that illegal termination does not result in cessation of service, thereby affirming the workman's right to reinstatement and consequential benefits.

MOHAN LAL vs MANAGEMENT OF M/S BHARAT ELECTRONICS LTD. · Niyam