Supreme Court of India · 2004-08-25
Krishna Bahadur vs M/S Purna Theatre & Ors
- Citation / case number
- AIR 2004 SUPREME COURT 4282
- Court
- Supreme Court of India
- Petitioner
- Krishna Bahadur
- Respondent
- M/S Purna Theatre & Ors
- Author
- S.B. Sinha
- Bench
- N. Santosh Hegde, S.B. Sinha
Judgment text excerpt
The Supreme Court upheld the findings of the Industrial Tribunal regarding the illegal retrenchment of the appellant under Section 25-F(b) of the Industrial Disputes Act, 1947, emphasizing that the mandatory requirements for retrenchment were not met. The Court affirmed that the appellant should be deemed to be in continuous service with all benefits, rejecting the Division Bench's acceptance of substantial compliance as a valid defense. The Court held that the retrenchment was void ab initio, thus entitling the appellant to full back-wages and compensation.