M/S.SCOOTERS INDIA LTD. vs M.MOHAMMAD YAQUB

The Supreme Court upheld the Labour Court's decision that the termination of the Respondent's employment was illegal due to non-compliance with retrenchment provisions under the Industrial Disputes Act. The Court emphasized that the Standing Order 9.3.12, which allowed for termination due to absence without leave, must be applied with consideration of the circumstances surrounding the employee's absence. The Court affirmed the Labour Court's order for reinstatement with continuity of service and full back wages, rejecting the Appellant's argument that the removal did not constitute retrenchment.