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august 2004

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.

Krishna Bahadur vs M/S Purna Theatre & Ors · Niyam